.)«tt?itii(Hli< 


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t"-- 


PUBLIC  LAWS 


• 


OF 

PASSED  BY  THE  GENERAL  ASSEMBLY, 

AT  ITS  SESSION  HELD  IN 

NOVEMBER  AND  DECEMBER,  1861. 

EMBRACING  ALL  THE 
OF  GENERAL  INTEREST, 

TogetIi?r  With  all  Changes  io  Court  Calendar. 


('OWPII>E»   AIVD   PrBI.lfiillED   BV 

no:,  n-  ^v^ u3L T us n. s , 

Secretary  Kx.  Department. 

To  whom  all  Orders  for  the  Pamphlet  must  be  addressed. 


Terms — 1  copy ^ ^ • 

3  copies 2. 

5     " 3. 

10     "    ■    5. 

_  Money  sent  by  mail  at  Publisher's  risk.  Names  and 
Post-offices  should  be  plainly  written;  and  when  to  be  sent 
to  country  Post  office,  the  Coujity  should  be  mentioned. 


FEDERAL  UNION  POWER  PRESS. 

MILLKDOIVILLE,    0*- 

isei 

I 


♦ 


If 


•A.'ri>  ^^ 


COURT  CALENDAR. 

The  following  table  shows  the  times  of  holding  Courts  in 
the  counties  therein  embraced,  as  fixeil  at  tlie  session  of  ISOl: 

SUPERIOR  COURT. 

Banks,    on    Thursdays  after  1st  Monday  in  April  and  Oct. 
Burke,  3d  Monday  in  May  and  November. 

*Cobb,  3d         "         "  March  "  September. 

Cobunbia,     1st        *'         "         "     " 
Emanuel,      1st        "         "  April    "  October. 
Franklin,      1st        "         "         «'     " 

Habersham,  Tiiursdays  after  4th  Mondays  in  March  &  Sept. 
Jefferson,      2d  Monday  in  May  and  November. 
Johnson,       4th       "         "  March  "  September. 
♦Lumpkin,   1st        "         "  Feb'y.  "  August. 
Milton,         4tli        "         "  I\Iarch  "  September. 
"  Inf.  court  4th       "         "  June     "  December. 
Putnam,      4th.  -^t  ^t;  ^'>  March  *'  September. 
Rabun,         4t]i        f.',...  /'         "     " 
Richmond,  2d         ""*     ""April    "October. 
Scriven,       1st         "         *'  May      "  November. 
Towns,        Thurdays  after  3d  i\rondays  in  May  and  Oct- 
Washington,  2d  Mondaj'S  in  March  and  September. 
White,         Thursdays  aiter  3d  i\rondays  in  March  and  Sept. 

♦Judge  not  reipiired  (o  draw  Jurors  for  two  weeks;  and 
not  obliged  to  hold  two  weeks'  Court  in  counties  of  Cobb 
and  Lumpkin. 


PUBLIC  LAWS. 


(No.  1.) 

An  Act  to  authorize  the  several  Banks  and  Banlhig  Institu- 
tions located  at  Savajmah,  to  remove  their  ^jlaces  of  business  into 
the  interior  during  the  invasion  of  the  enemy. 

Sec.  I.  Be  it  enacted.  That  it  shall  be  lawful  for  the  sev- 
eral Banks  and  Banking  Institutions  located  at  Savannah, 
to  remove  their  places  of 'business  to  the  interior  of  the  State, 
that  either  of  them  may  respectively  select ;  and  there  to 
carry  on  their  business  during  the  invasion  of  the  State  of 
South  Carolina  or  of  this  State,  by  the  forces  of  the  army  or 
navy  of  the  United  States. 

Sec.  II.  And  he  it  further  enacted,  That,  in  respect  of  notes 
^  or  bills,  or  acceptances  or  obligations  hereafter  to  fall  due 
and  payable  in  the  city  of  Savannah,  it  shall  be  lawful  for 
the  holders  of  the  same,  to  make  demand  of  payment  at  any 
point,  or  points,  in  the  interior  to  which  said  Banks  may  re- 
move their  places  of  busiues  ;  and  upon  such  demand  and 
notice  to  drawers  of  bills  or  endorsers  of  notes  or  bills,  or 
obligations,  of  non-payment  of  the  Bame,  given  or  sent  by 
mail  within  a  reasonable  time,  such  drawers  of  ])ills  or  en- 
dorsers of  notes  or  bills,  or  obligations,  shall  be  held  and 
bound  for  the  same,  in  the  same  manner  as  if  such  demand 
of  payment  had  been  made  in  Savannah. 

Sec.  III.  Repeals  all  contlicting  laws. 

Assented  to  November  22d,  ISGi. 


(No.  2.) 


An  Act  to  authorize  the  City  Council  of  Augusta,  to  issur  one 
hundred  thousand  dollars  in  Treasury  notes,  and  for  other  purpo- 


4ei, 


Whereas,  It  is  important  that  the  circulating   medium  of 
this  State  grounded  upon  good  -Jii4  fu^cient  securities. 


4 

should  be  at  this  time  increased  to  meet  the  demands  and 
wants  of  the  people :  Atid  JVIicrcas^  the  City  Council  of 
Augusta  are  possessed  in  their  corporate  right  and  nanwi  of 
a  large  cpiantity  of  Bank  Stock,  Kail  Road  Stock,  and  real 
estate,  greatly  exceeding  in  value  the  same  of  one  hundred 
thousand  dollars,  as  well  as  the  taxable  property  owned  and 
possessrd  by  the  citizens  of  said  city. 

Sec.  I.  Tlic  Gonral  Assembly  nf  the  State  of  Georgia,  do 
thcrffore  niact,  That  the  City  Council  of  Augusta  be,  and 
they  are  hereby  authorized,  during  the  suspension  of  specie 
payments  by  the  banks  of  this  State,  to  issue  their  Treasury 
notes  redeemable  either  in  specie  or  in  current  Bank  notes, 
of  the  denominations  respectively  of  five  cents,  ten  cents, 
twenty-five  cents,  fifty  cents,  and  one  dollar;  which  shall  be 
signed  by  such  officer  or  officers  as  said  City  Council  may 
by  Ordinance  direct. 

Sec.  II.  The  amount  of  feaid  notes  in  circulation  at  any  one 
time,  shall  never  exceed  one  hundred  thousand  dollars;  and 
said  notes  shall  be  taken  in  payment  of  all  dues  to  the  City 
Council  of  Augusta;  and  this  provision  shall  appear  on  the 
face  of  the  notes  issued  by  said  City  Council. 

Sec.  III.  Tfie  General  Asmnhhj  Jo  further  enact.  That,  if 
the  Treasurer  of  the  city  of  Augusta,  or  other  persons  au- 
thorized by  the  City  Council  of  Augusta,  to  sign  said  notes, 
shall  sign  and  put  in  circulation  at  any  one  time,  a  greater 
sum  than  one  hundred  thousand  dollars,  he,  or  any  one  of 
them,  shall  be  guilty  of  a  misdemeanor,  and  on  conviction, 
shall  be  fined  or  imprisoned  ;  said  fine  not  to  exceed  one 
tnousand  dollars,  and  said  imprisonment  not  to  exceed  six 
months. 

Sec.  IV.  The  GevtraJ  Assemhiij  do  further  enact,  That,  if 
any  person  or  persons  shall  be  guilty  of  forging  or  counter- 
feiting any  of  said  notes  knowing  them  to  be  forged  or  coun- 
terf»'it(;d,  he,  she,  or  they,  shall  be  guilty  of  a  felony  ;  and 
on  conviction  thereof,  shall  be  imprisoned  in  the  Peniten- 
tiary of  this  State,  for  a  term  of  years  not  less  tlian  five  nor 
more  than  tcji,  in  the  discretion  of  the  Court  before  whom 
the  conviction  takes  place. 

Sec.  V.  The  property  of  the  City  Council  of  Augusta, 
both  real  and  i)ersonal,  shall  be  liable  for  the  redemption  of 
said  notes ;  and  a  lien  is  hereby  created  upon  such  property 


for  the  redempeion  of  any  notes  issued  under  the  provisions 
of  this  Act :  Which  lieu  shall  not  be  impaired  or  defeated 
by  any  transfer  of  such  property  after  the  passage  of  this  Act. 

Sec, VI.  Repeals  conflicting  laws. 

Assented  to  November  26th,  1S61. 


(No.  3.) 


An  Act  to  authorize  the  Justices  of  the  Inferior  Courts  of 
tJie  several  counties  of  this  State,  from  time  to  time,  in  their 
discretion,  to  levy  svch  extra  taxes  as  ihcy  piaij  deem  necessary 
to  equip  Volunteer  or  other  sold  ins  from  their  respective  coun- 
ties, and  to  provide  for  the  indigent  families  of  soldiers;  to  au- 
thorize the  collection  of  the  same,  and  to  legalize  their  previous 
action  in  the  preinises,  and  for  other  purposes. 

Sec.  I.  The  Gemral  Assembly  of  the  State  of  Georgia  do 
enact,  That  the  Justices  of  the  Inferior  Courts  of  the  several 
counties  of  this  State,  are  authorized,  from  time  to  time,  to 
levy  such  extra  taxes  as  they  may  think  necessary  to  equip 
such  Volunteer  or  other  soldiers  as  have  gone,  or  may  go, 
from  their  respective  counties,  and  to  provide  the  necessary 
support  and  maintenance  for  such  indigent  families  of  sol- 
diers as  may  be  resident  in  their  respective  counties,  and 
such  indigent  soldiers  as  may  return  home  wounded  or  dis- 
abled. 

Sec.  II.  The  said  Justices  may  have  all  such  taxes  col- 
lected either  by  the  regular  Tax  Collectors  of  their  respec- 
tive counties,  or  by  such  other  person  or  persons  as  they 
may  think  best ;  and  may  take  such  l)ond,  and  fix  such 
compensation  as  they  may  think  proper  for  the  collection 
of  the  same.  Atid  be  it  further  enacted,  That  tlic  counties 
of  Monroe,  Burke,  Pickens,  Wayne,  Cherokee,  Taylor, 
Fayette,  Clinch,  Dawson,  Lumpkin,  Echols,  Upson,  Spald- 
ing, Campbell,  Forsyth,  DoKalb,  Macon,  Wilkes,  Warren, 
White,  Ware,  Rabun,  Chattooga,  Decatur,  Charlton,  Ber- 
rien, Coffee,  Paulding,  Bryan,  Appling,  Crawford,  Fannin, 
Telfair,  Emanuel,  Clarke,  Banks,  Schley,  Worth,  Musco- 
gee, Wilcox,  Butts,  Mcintosh,  Brooks,  Newton,  Gilmer, 
Irwin,   Montgomery,   Laurens,   Murray,    Dooly,  Clayton, 

3199!fi 


Pierce,  Wilkinson,  and  Gwinnett,  be  excepted  from  the  op- 
erations of  the  first  and  second  Sections  of  this  Act ;  and 
that,  in  said  counties,  during  the  present  war,  the  Justices 
of  the  Inferior  Courts  of  said  counties,  shall  have  the  au- 
thority to  assess,  annually,  on  the  amount  of  the  State  tax 
of  said  counties,  such  tax  as  may  be  recommended  by  a  ma- 
jority of  the  Grand  Jurors  of  said  counties  at  the  Spring 
Terms  of  the  Superior  Courts,  for  the  purpose  of  raising 
funds  to  equip  soldiers  for  the  service  of  the  State  and  Con- 
federate States,  and  to  s\ipport  such  of  tlieir  families  as  are 
indigent,  during  their  term  of  service,  to  be  collected  as 
other  county  taxes  in  said  counties  ;  and  all  taxes  levied  in 
said  counties  the  present  year  for  the  same  purposes,  are 
hereby  legalized  and  made  valid  ;  and  in  the  event  there 
be  no  Court  at  the  Sprinir  Term  in  any  of  the  counties 
thus  excepted,  then,  the  Justices  of  the  Inferior  Courts  in 
said  counties  shall  proceed  to  assess  such  taxes  as  may  be 
absolutely  necessary  for  the  purposes  aforesaid ;  and  that 
the  counties  of  Coweta,  Tattnall,  and  Whitfield,  be  except- 
ed from  all  the  provisions  of  this  Act. 

Sec.  III.  All  taxes  heretofore  levied,  or  any  contracts  en- 
tered into,  or  money  procured  whether  by  bond  or  other- 
wise, or  by  sale  of  railroad  or  other  stocks,  by  the  Inferior 
•Courts  or  the  Justices  thereof,  or  by  other  persons  with  the 
sanction  of  the  Inferior  Court,  and  all  orders  passed,  or 
which  may  be  passed  by  any  of  said  Courts  equalizing  said 
tax  among  the  tax  payers  for  the  purpose  aforesaid,  are 
hereby  ratified  and  made  legal,  and  the  same  authorized  to 
be  collected  under  this  Act. 

Sec.  IV.  All  Tax  Collectors,  or  other  person  or  persons 
who  shall  be,  or  who  have  been  appointed  by  the  Justices 
ot  the  Inf(!rior  Courts  of  any  county  in  this  State,  to  collect 
any  tax  which  has  been,  or  which  may  be  levied  under  this 
Act,  shall  be  liable  to  all  the  remedies  and  liabilities  to 
which  Tax  Collectors  are  now  liable  bylaw,  for  any  viola- 
tion or  failure  of  duty  under  this  Act,  or  for  failing  to  pay 
over,  on  demand,  any  money  or  other  thing  which  may  be 
collected  by  him  or  them  under  the  same. 

Sec.  V.  The  Inferior  Courts  of  the  several  counties  are 
authorized  to  use  and  apply  any  county  funds,  except  Acad- 
emv  and  Poor  and  Common  School  funds,  in  their  respec- 


tive  counties,  to  the  purposes  aforesaid  ;  but  all  applica- 
tions of  any  funds  heretofore  made  in  any  county,  are 
hereby  made  legal  and  valid. 

Sec.  VI.  In  any  county  where  the  Inferior  Court  may  so 
order,  the  amount  of  tax  levied  for  the  support  and  cloth- 
ing of  soldiers'  families,  may  be  paid  in  such  articles  and 
in  such  proportions  as  may  be  necessary  for  the  support  of 
the  families;  the  value  of  which  articles  shall  be  fixed  by 
such  Assessors  as  may  be  appointed  by  s^aid  Inferior  Court, 
and  In  such  manner  as  said  Inferior  Courts  may  think  best. 
Sec.  VII.  That,  in  all  cases  where  the  taxes  are  paid 
under  this  Act  in  produce,  the  same  shall  be  delivered  by 
the  said  tax  payer  at  such  place  or  places  as  the  said  Infe- 
rior Courts  may  direct. 

Sec.  VIXI.  The  Inferior  Court  shall  have  kept  a  digest 
ol'  the  taxes  already  raised  and  disbursed,  or  hereafter  to  be 
raised,  and  the  use  and  disbursement  of  all  funds  raised,  or 
hereafter  to  be  raised  by  taxation  ;  which  digest  shall  be 
kept  by  the  Clerk  of  the  Interior  Court,  for  the  inspection 
of  the  citizens  of  the  county  ;  and  said  Courts  may  make  all 
such  arrangements  as  they  think  best,  to  carry  out  this  section- 

Sec.  IX.  The  assessment  for  State  taxes  made  next  pre- 
vious to  each  particular  levy  of  tax  by  the  Inferior  Court, 
shall  be  adopted  as  the  basis  of  the  kind  and  value  of  property 
in  such  levy  as  they  may  at  any  time  order  in  pursuance 
of  the  provisions  of  this  Act. 

Sec.  X.  Whenever  any  funds  authorized  to  be  raised  by 
any  of  the  provisions  of  this  Act,  shall  go  through  the 
hands  of  the  Treasurer  of  any  county  of  this  State,  it  shall 
not  be  lawful  for  such  Treasurer  to  charge  or  receive  any 
commissiojis  or  compensation  for  receiving  or  paying  out 
such  funds. 

Sec.  XI.  That  the  Tax  Collectors,  or  other  persons  ap- 
pointed to  collect  the  tax  in  accordance  with  the  provisions 
of  this  Act,  be  authorized  to  proceed  in  cases  of  default  m 
the  same  manner  as  is  now  provided  l)y  the  laws  of  this 
State  for  the  collection  of  the  general  tax. 

Sec.  XII  Repeals  conflicting  laws. 

Assented  to  November  29th,  1S61. 


(Xo.  4.) 

An  Act  to  continue  in  force  the  4th  Section  of  an  act  parsed  over 
the  Govcrnor\  veto  on  the  30th  Jay  of  ISominhe*^  1800,  ««^/- 
tled  ^^  An  Act  to  provide  nirimU  the  forfeit ure  of  the  several 
bank  charters  nf  thi^  Stale  nn  account  (f  ?ioh-$j)ecie pa ijnunt  for 
a  given  time,  and  for  othtr  jyuriHises^  passed  in  the  year  1857  ; 
a7td  to  susjtend  the  puins  and  penalties  imposed  upon  the  several 
haiiks  and  lh(  ir  oj/icers  in  this  iStatiy  for  non-payment  o/'sjnxie, 
and  other  purposes,''''  and  also  "  An  Act  to  <idd  a  proviso  to 
the  Ath  Section  (f  An  Act  entitled  An  Act  for  the  rellrf  of  the 
people  ami  banks  (f  this  State,  a7id for  other  purposes,  passed 
on  the  30th  of  November,  ISGO;  and  to  add  aniulditional  Sic- 
tion  to  said  Act,^^  assented  to  20th  December,  1860. 

Sec.  I.  Be  it  enact'd,  That  the  before  recited  part  of  An 
Act,  ami  also  the  before  recited  Act,  be,  and  the  same  are 
liereby  re-enacted  and  continued  in  force  until  the  first  day 
of  December,  1S62. 

Assented  to  November  80th,  1801. 


(No.  r,,) 

An  Act  to  re-enact  and  continue  inforcc  the  first,  sicond  and  third 
Sections  of  An  Act  to  grant  relief  to  the  Banks  and  the  people 
of  this  Stale,  ^c,  j)assed  over  thiQ  Goveinor\  veto  on  the  30th 
day  of  November,  ISOO;  and  also  to  re-ciuict  and  coniinuc  in 
force  the  4th  Section  of  An  Act  to  add  a  proviso  to  the  Fourth 
Section  (fyin  Act,  entitled  An  Act  ftr  the  relief  of  the  Batiks 
and  people  if  this  State,  ^'c,  assented  to  2()th  Dicinibir,  18G0. 

Sec.  I.  The  General  Assembly  oftlic  State  of  Georgia  do  cHact 
asfolloirs  :  Be  it  enacted  tliat  the  first,  second  and  tliird  sec- 
tions of  the  before  recited  Act  passed  on  the  30th  of  Novem- 
ber, 18G0,  be,  and  tlie  same  are  hereby  re-enacted  and  con- 
tinued in  force  until  the  first  day  of  December,  1S62,  except 
the  last  proviso  of  said  second  section  ;  and  that  the  fourth 
Section  of  the  before  recited  Act  assented  to  on  the  20th  of 
December,  1800,  be,  and  the  same  is  hereby  re-enacted  and 
continued  in  force  until  the  first  day  of  December,  1S62. — 
^Frovidcd,  That  none  of  the  Banks  of  this  State  shall  be  en- 


9 

titled  to  the  relief  from  the  penalties  imposed  by  existing 
laws,  nor  shall  be  authorized  or  permitted  to  suspend  the 
payments  in  specie  of  their  bills  upon  demand,  unless  such 
Banks  shall,  at  all  times,  give  the  Treasury  notes  of  this 
State  or  of  the  Confederate  States,  at  par,  in  exchange  for 
their  own  bills  or  Bank  notes,  when  demanded  in  sums  of 
one  hundred  dolhirs. 

Provided  o/so,  That  eacli  of  the  cliartered  Banks  of  this 
State  claiming  the  provision  [provisions?]  of  this  act,  shall 
be,  and  they  are  hereby  required,  upon  "lipplication  of  any 
person,  to  issue  and  keep  in  circulation  during  their  suspen- 
sion, small  bills  in  denominations  of  five,  ten,  twenty-five 
and  fifty  cents,  to  the  extent  of  one  jxr  centum  upon  their 
capital  stock ;  which  said  small  bills  shall  be  redeemed  in 
current  bank  bills  when  presented  hi  sums  of  five  dollars  or 
more  ;  and  that  the  said  Banks  are  authorized  to  issue  said 
small  bills  to  the  extent  of  three  per  cmtum  on  their  capital 
stock. 

Provided  further,  The  provision  for  the  issue  of  change  bills 
contained  in  the  above  pvviso,  shall  not  be  obligatory  upon 
said  Banks  till  the  first  day  of  Sanuary  next. 

Assented  to  November  30th,  1S6J. 


(No.  G.) 


All  Act  to  extend  the  time  for  Tojc  Collectors,  in  this  State  to 
make  their  settlements  unth  th-e  State  Treasurer^ 
Sec.  I.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Georgia,  That  the  Tax  Collectors  in  each  of  the  coun- 
ties of  this  State  be,  and  they  are  liereby  allowed  until  the 
first  day  of  March,  1SG2,  to  make  their  final  settlements 
with  the  State  Treasurer,  instead  of  the  20th  of  December, 
18G1  ;  any  law,  usage  or  custome  to  the  contrary  notwith- 
withstanding. 

Assented  to  November  29th,  ISGl. 


10 
(No.  7.) 

An  Act  to  Cnnsoh^ate  the  Ofircx  of  Receiver  of  Tax  Urtunis 
and  of  Tax  Collector  in  thin  Statr,  and  t/J  require  the  duties 
thereof',  tf>  be  discharged,  by  one  Officer,  to  he  styled  Tax  Kc- 
ccioer  ami  Collector. 

Sec.  I.  The  General  Asscmhlij  of  Georgia  do  enact  as  fol- 
lows, to-irit  :  From  and  after  the  passing  of  this  Act,  the 
offices  of  Receiver  of  Tax  Returns  and  the  Collector  of 
Taxes,  in  the  several  counties  of  this  State,  be,  and  the  same 
are  hereby  consolidated  ;  and  the  duties  thereof,  shall  be 
discharged  by  one  officer,  to  be  styled  Tax  Receiv»*r  and 
Collector  ;  w^ho  shall  receive  therefor  the  compensation 
now  allowed  by  law  to  the  Collector  ;  Pmridcd,  no  Collec- 
tor shall  receive  more  than  fifteen  hundred  dollars. 

Sec  II.  Repeals  conflicting  laws. 

Assented  to  November  30th,  1S61. 


(No.  8.) 

An  Act  to  amend  An  Act,  ajqn-ored  December  17,  185^,  En- 
titled '■'■An  Act  to  prescribe  the  time  of  holding  Elections  for 
Senators  in  the  Congress  of  the  United  States  froin  the  State 
of  Georgia. ^^ 

Sec.  I.  Be  it  enacted  htj  the  Genered  Assembly  of  Georgia, 
That  the  above  mentioned  Act  be  so  amended  as  to  apply, 
in  all  its  provisions,  to  the  Confederate  States  of  America, 
instead  of  the  United  States. 

Sec.  II.  Repeals  contlicting  laws. 

Assented  to  December  5,  18G1. 


(No.  0.) 
An  Act  to  amend  the  Cei'tiorari  laics  of  this  State. 

Sec.  I.  The  General  Assembly  of  the  State  of  Georgia  do  enact. 
That  in  all  cases  now  pending,  or  which  may  be  hereafter 
pending  in  tlie  Superior  Courts  of  this  State,  upon  certiorari, 
from  any  Justices  Court,  and  the  Justice  or  Justices  before 


11 

whom  the  case  was  tried,  may  have  died  before  answering 
the  writ  of  certioari  served,  then  it  shall  be  the  duty  of  the 
presiding  Judge,  forthwith,  to  order  a  new  trial  to  be  had 
upon  the  case  in  the  Court  below. 

Sec.  II.  All  laws  conflicting  are  hereby  repealed. 

Approved  December  11,  1S61. 


(No.  10.) 

An  Act  to  provide  for  the  asmmytion  and  imymcnt  of  the  Taxes 
amssed  against  the  Citizem  of  this  State,  by  virtue  of  An  Act 
of  the  Congress  of  the  Confederate  States  of  America,  entitled 
''An  Act  to  authorize  the  issue  of  Treasury  Notes,  and  to  po- 
vidc  a  War  Tax  for  their  rcdempion  ;  apinoved  the  3  9///  of 
August,  1S61." 

Whereas,  The  twenty-fourth  section  of  the  before  reci- 
ted Act  of  Congress  provides,  that  if  any  State  shall,  on  or 
before  the  first  day  of  April  next,  pay  into  the  Treasury, 
notes  of  the  Confederate  States,  or  in  specie,  the  taxes  as- 
sessed against  the  citizens  of  such  State,  less  ten  per  cent- 
um thereon,  it  shall  be  the  duty  of  the  Secretary  of  the 
Treasury  to  notify  the  same  to  the  several  Tax  Collectors 
in  such  State,  and  thereupon,  their  authority  and  duty  un- 
der said  Act  shall  cease  ;  and  whereas,  economy,  as  a  pro- 
per regard  for  the  interest  of  the  tax  payers  of  Georgia, 
make  it  the  duty  of  the  State  to  assujiie  and  pay  said  taxes. 

Sec.  I.  The  'Gevcral  Assrmhhj  of  Georgia  do,  therefore,  enact 
as  foUon-s:  That  the  State  of  Georgia  hereby  assumes,  and 
will  pay  the  taxes  assessed  against  her  citizens,  under  the 
provisions  of  the  Act  of  Congress  of  the  Confederate 
States  before  recited. 

Sec.  II.  That  so  soon  as  the  amount  of  said  taxes  shall  be 
ascertained,  it  shall  be,  and  it  is  hereby,  lunde  the  dnty  of  his 
Excellency  tiie  Governor,  to  cause  to  bo  issued  the  bonds  of 
this  State,  payable  in  such  sums,  and  at  such  time  and  place, 
and  bearing  such  rate  of  interest,  not  exceeding  eight  per  cent, 
per  annum,  as  will  enable  him  to  raise  and  obtain  the  means 
of  paying  such  taxes,  (less  ten  per  cent,  thereon)  upon  the 
most  advantageous  terms  to  the  State  ;  and  that  when  said 


12 

means  of  paying  said  taxes  shall  be  raised,  His  Excellency- 
shall  cause  the  said  taxes  (less  ten  per  centum  thereon)  to 
be  paid  to  the  Confederate  States,  under  the  provisions  of 
the  said  twenty-fourth  section  of  the  Act  of  Congress  afore- 
said. 

Sec.  III.  Repeals  conflicting  laws. 

Approved  December  11,  ISGl. 


(No.  11.) 

An  Act  to  alta-  the  Sixth  Section  of  An  Act  to  amend  (he  Patrol 
Lows  of  this  State,  approved  Febrvary  20th,  1854. 

Sec.  I.  Be  it  enacted  htj  the  General  Assemhhj,  That  the  provi- 
so of  the  Sixth  Section  of  An  Act  to  amend  the  Patrol  laws 
of  this  State,  approved  February  20th  1S54,  be  altered  so 
as  not  to  include  the  county  of  Dade,  and  that  the  provi- 
sions of  said  act  extend  to  the  county  of  Dade. 

Sec.  II.  Repeals  contlicting  laws. 

Approved  December  11,  ISGl. 


(No.  1-2.) 

An  Act  to  extend  the  time  fur  the  payment  of  Taxes  for  the  year 
ISOl. 

Sec.  I.  Be  it  cnactnl  hy  the  General  Assembly  of  tlie  Slate  of 
Georgia,  Tliat  His  Excellency  the  Governor  be,  and  he  is 
hereby  authorized  and  required,  to  suspend  issuing  conmiis- 
sions  to  Tax  Collectors  in  this  State,  who  may  be  elected  on 
the  lirst  Wednesday  in  January  ensuing,  until  the  first  day 
of  March  next ;  and  that  the  tax  Collectors  for  the  present 
yeEr,  be  allowed  until  said  lirst  day  of  March  to  make  their 
final  paynient  to  the  Treasurer  of  this  State.  Provided,  nee- 
criheless,  that  said  Collectors  shall  be  recjcired  to  pay  into 
the  Treasury  on  the  first  day  of  each  month,  until  their  ii 
nal  settlement,  the  ajiiount  of  State  tax  collected  by  them 
respectively. 

Approved  December  11,  1861. 


13 

(No.  13.) 

An  Act. to  give  to  the  several  Justices  Conrti^  of  this  State,  juris 
diction  in  cases  soimding  in  damages  in  certain  casts. 

Sec.  I.  Be  itenuctcd,  That  the  Justices  Courts  of  this  State, 
shall  have  power  to  try  all  cases  of  trespass  upon  personal 
property,  where  the  amount  claimed  does  not  exceed  the  ju- 
risdiction of  the  Court,  and  give  judgment  for  Plaintifts  for 
tiie  amount  of  damages  that  may  be  proven,  under  the  same 
rules  and  regulations  in  such  cases,  as  in  the  Superior  Courts. 
Provided,  That  either  party  being  dissatisfied  with  the  jud- 
gement of  the  Court  shall  have  the  right  of  an  appeal  to  a 
jury,  and  the  same  shall  be  tried  as  other  appeals  in  said 
Court. 

Sec.  II.  Repeak  conflicting  laws. 

Approved,  December  9,  18G1. 


(No.  ]  4.) 

An  Act  to  allow  all  slaves  and  free  persons  of  color,  who  may  leave 
this  State  in  the  service  of  any  person  in,  or  connected  with  the 
Military  Service,  to  return  to  the  State  of  Georgia. 

Sec.  I.  The  Gemral  Asscmhly  of  the  State  of  Georgia  do  enact, 
That  all  slaves  and  free  persons  of  color,  who  may  leave  this 
State  in  the  service  of  any  person  in  or  connected  with  the 
military  service,  may  return  to  the  State  of  Georgia,  and 
shall  not  be  held  liable  to  the  pains  or  penalties  of  any  law 
now  existing  prohibiting  their  leaving  or  returning  to  Geor- 
gia. 

Sec.  II.  All  conflicting  laws  are  hereby  repealed. 

Approved  December  11,  ISGl. 


(No.  \'o.) 
An  Art  to  Amend  the  tax  laws  of  this  State. 

Whereas,  An  Act  entitled  "  An  Act  to  repeal  An  Act  ap- 
proved February  26th,  1856,  entitled  An  Act  in  relation  to 
allowing  Tax  Collectors  an  insolvent  list  by  the  Grand  Ju- 
rors of  the  several  counties  of  this  State,  and  to  amend  the 


■I 


various  laws  for  the  collection  of  taxes,"  assented  to  De- 
cember 21st,  1867,  has  been  omitted  altogether  by  the  Codo 
of  this  State  to  go  into  effect  from  and  after  the  1st  day  of 
January,  1SG2.     For  renu'dy  whereof, 

Section  I.  Be  it  t^acted  hy  fJif-Gmcral  Asscmbhj,  That  the 
above  and  before  recited  act  be,  and  the  same  is  herebv  re- 
enacted,  to  take  eflect  from  and  after  the  hrst  day  of  Janu- 
ary next. 

Sec.  II.  Br  it  furthrr  cnaded,  That  no  Collector,  Sheriff"  or 
Constable  shall  receive  cost  on  any  Tax  fifa,  uidess  the  same 
is  collected  from  the  dei'cndant. 

Sec.  III.  Repeals  conflicting  laws. 

Approved  Decendjer  12,  18G1. 


(No.  16.) 


An  Act  to  provide  for  the  manf{f'(icturc  and  purchase  of  arms  for 
the  public  defence,  and  to  appropriate  nioncij  for  the  same. 

Sec.  I.  Beit  enacted  by  the  Gnirral  Assoidj/ij,  That  the  sum 
of  three  liundred  and  fifty  thousand  dollars  be,  and  the  same 
is  hereby  approjiriated  and  set  ajvirt  out  of  any  money  in 
the  Treasury  not  otherwise  appropriated,  as  a  fund  for  the 
manufacture  and  purch.isc  of  arms  for  the  public  defence; 
and  should  there  at  any  time  be  a  deliciency  of  money  in 
the  Treasury,  not  otlierwise  appropriated,  necessary  to  meet 
in  whole,  or  in  part,  as  it  may  be -needed,  the  said  appro- 
priation, then  His  Excellency  the  Governor  shall  be,  and  he 
is  hereby  authorized,  and  empowered  to  issue  and  negotiate 
bonds  of  the  State,  in  siims  of  five  hundred  dollars  each, 
payable  twenty  yetjrs  from  date,  bearing  eight  per  cent  in- 
terest payable  semi-anmially  with  coupons  attached,  in  such 
amount  as  may  be  needed  from  time  to  time,  to  supply  such 
deficiency;  which  bonds  may  be  radeemed  at  the  option  of 
the  State,  at  any  time,  after  the  expiration  of  five  years  from 
the  time  they  are  issued;  Provided.,  That  in  lieu  of  the  bonds 
provided  for  herein,  the  Governor  in  his  discretion,  may  is- 
sue apart  of  said  amount  in  Treasury  notes  of  this  State. 

Sec.  II.  Be  it  further  enacted,  That  His  Excellency  the 
Governor  be,  and  he  is  hereby  authorized  and  empowered 
to  procure  and  purchase  all  the  machinery,  tools,  imple- 


15 

ments,  and  materials  necessary  to  be  used  in  the  manufac- 
ture of  arms,  such  as  muskets,  rifles,  and  bayonets,  and  to 
pay  for  the  same  out  of  the  apprepriation  herein  made ;  and 
to  direct  said  machinery  to  be  put  in  operation  in  the  Peni- 
tentiary of  this  State ;  and  to  employ  such  of  the  convicts 
therein  confined,  as  may  be  needed,  in  the  manufacture  of 
the  arms  aforesaid,  under  the  direction  of  an  Armorer  and 
Superintendent,  to  be  appointed  by  the  Governor,  together 
with  as  many  master  workmen,  as  may  be  necessary  to  con- 
duct said  work,  at  such  salaries  as  the  Governor  in  his  dis- 
cretion may  deem  proper;  and  His  Excellency  the  Govern- 
or is  hereby  empowered  to  put  such  machinery  in  operation 
at  such  other  place  or  places,  as  he  in  his  discretion  may 
think  proper. 

Sec.  III.  Be  h  further  enacted,  That  His  Excellency  the 
Governor  be,  and  he  is  hereby  authorized  to  use  from  time 
to  time,  such  part  of  said  appropriation  as  may  be  necessary 
to  pay  for  such  arms  above  specified,  as  he  in  his  discretion 
may  purchase,  and  for  the  purchase  of  such  artillery  as  may 
at  any  time  be  needed  for  the  public  defence,  together  with 
all  accoutrements  and  munitions  of  war  necessary  to  ac- 
company the  same,  and  as  far  as  practicable,  to  have  said' 
arms  and  artillery  thoroughly  tested  and  inspected  before  a 
purchase  is  made. 

Sec.  IV.  Be  it  further  enacted,  That  His  Excellency  the 
Governor  be,  and  he  is  hereby  authorized  to  employ  one  or 
more  competent  officers  to  test  and  inspect  such  arms  as  he 
in  his  discretion  may  purchase,  so  far  as  it  may  be  practica- 
ble to  have  them  tested  and  inspected;  and  to  pay  such  offi- 
cers out  of  the  fund  hereby  appropriated,  such  compensa- 
tion as  he  in  his  discretion  may  deem  proper. 

Approved  December  12,  1861. 


(No.  17.) 

An  Act  to  legalize  the   Orders   and  Judgments  of  Ordinaries  of 
this  State,  where  the  same  may  he  jxissed  hy  them  beyond  the  lim- 
its of  the  same. 
Sec.  I.   The  General  Assembly  do  enact.  That  all  orders  or 

judgments   heretofore   passed,  or   pronounced  in    granting 


% 


Irave  to  sell  land,  or  other  property  of  deceased  persons, 
by  the  Ordinary  of  any  county  while  he  is  absent  in  the 
service  of  tlie  State  or  Confederate  States,  where  all  the  le- 
gal notices  required  by  law  have  been,  or  may  be  given  of 
such  intended  application,  and  all  legal  rc(iuirenients  have 
been,  or  may  be  complied  with,  and,  where  no  objections 
have  been,  or  shall  be  filed,  shall  be  deemed,  held  and  taken, 
as  binding  and  effectual  to  all  intents  and  purposes,  as  if 
the  same  were  pronounced  in  open  Court  by  the  Ordinary 
at  the  proper  time.  Provided,  rurerthckss,'  that  any  person 
who  m^y  have  an  interest  in  the  property  ordefed  to  be  sold, 
his  agent,  attorney  or  next  friend,  shall  have  the  right  to 
enter  a  caveat  against  the  sale  of  said  property,  at  any  time 
before  the  sale  thereof ;  which  caveat  shall  suspend  such 
judgment  or  order,  until  all  the  parties  can  be  heard  before 
the  Ordinary  in  the  county  in  the  regular  mode  of  such  pro- 
ceeding ;  and  any  person  aggrieved  bj''  said  order,  may  at- 
tack it  for  fraud  in  any  Court  where  it  may  be  sought  to  be 
used  for  the  protection  of  the  party  procuring  the  same. 
Assented  to,  December  13,  18G1. 


(No.  IS.) 
An  Act  to  iirescrihc  thcproq/'  in  certain  cases  of  open  Accowits 

in  the  several  Courts  of  this  State. 

Sec.  I.  Be  it  enacted,  That  in  all  cases  of  suits  on  open 
accounts  in  the  several  Courts  of  this  State,  where  the 
writ  or  process  has  been  served  personally  as  the  law  now 
directs,  on  the  defendant,  and  there  is  no  defence  made  by 
the  party  sued,  either  in  person  or  by  attorney,  at  the  time 
the  case  is  submitted  for  trial,  the  case  shall  be  considered 
in  default  ;  and  the  plaintiff"  or  plaintiffs  shall  be  permitted 
to  take  verdict,  as  if  each  and  every  item  had  [been?]  proved 
by  testimony. 

Sec.  II.  Repeals  conflicting  laws.  •    . 

#^S8ented  to,  December  13,  18GI. 


(No.  10.)  0 

An  Act  to  levy  and  collect  a  Tax  for  the  jfolitical  year  1862,  and 

for  other  imrposes. 

Sec.  I.   TJic  General  Assembly  of  Georgia  do  enact  as  follows  : 
That  His  Excellency  the  Governor  of  this  State,  with  the 


■JtL. 


17 

assistance  of  the  Comptroller  General,  shall  assess  on  the 
entire  amount  of  taxable  property  in  this  State,  such  a  rate 
per  cent,  as  will  raise  an  amount  of  revenue  not  exceedino- 
one  million  of  dollars,  for  the  support  of  the  government 
of  this  State  for  the  political  year  1862  ;  any  law  to  the 
contrary  notwithstanding. 

Assented  to,  December  14,  1861. 


(No.  20.) 

All  Act  to  autliorizc  the  Justices  of  the  Inferior  Courts  and  Oi- 
d'marics  of  the  several  Counties,  to  apixnnt  some  fit  and  proper 
Ijerson  to  open  and  adjourn  said  Courts  in  the  absence  of  an  of- 
ficer to  do  SQ. 

Sec.  I.  Br,  it  enacted,  That  from,  and  immediately  after 
the  passage  of  this  Act,  it  shall  be  lawful  for  the  Jus- 
tices of  the  Inferior  Courts  and  Ordinaries  of  the  several 
Counties,  to  appoint  some  fit  and  proper  person  to  open 
and  adjourn  said  Courts  in  the  absence  of  an  officer  to  do  so. 

Sec.  II.  Repeals  coiitlicting  laws. 

Assented  to,  December  14,  1861. 


(No.  21.) 

An  Act  to  prescribe  the  term  of  office  of  the  Jtulgcs  of  the  Su- 
preme  Court  of  this   Slate. 

Sec.  1.  The  General  Assembhj  of  the  State  of  Georgia  en- 
acts, That  the  Judges  of  the  Supreme  Court  of  this  State 
shall  hold  their  offices  for  the  term  of  six  years,  and  until 
their  successors  are  appointed  and  qualified. 

Sec.  II.  Repeals  conflicting  laws. 

Assented  to  December  14,  JS61. 


f^  (No.  22.) 

An  Art  to  amend  the  Ileramc  Laws  of  this    State,    and  fm- 
other  purposes  herein  named, 

WnEUEAs,  in  the  adoption  by  tlio  Lf'gislntnre  of  1860,  of 
the    Code  prepared  by  a  commission    authorized    by    law, 
2 


several  ouiissions  and  changes  iu  that  law  require  additioiiul 
legislation,  for  the  proper  executiou  of  the  leveuue  laws  of 
this  State,  fur  remedy  wliereol, 

Sec.  I.  J>'  ii  f-Hdrfcd^  That  tax  (jt^Ilectore  in  issuing  //yr/.v 
to  collect  State  and. County  taxes,. shall  be  allowed  a  fee  of 
fifty  cents  on  ',\\\  /i/a.t  issued  for  said  purpose. 

Sec.  11.  Be  it  further  (luiclal^  That  the  Act  eiitiUed  an 
Act  to  repeal  an  Act  Approved  February  2G,  ISoG,  entitled 
an  Act  in  relation  to  allowing  Tax  Collectors  an  insolvent 
list  by  the  Grand  Jurors  of  the  several  counties  in  this  State, 
and  to  amend  the  various  laws  for  tlio  collection  of  taxes, 
having  been  omitted  in  the  Code,  the  same  is  hereby  re- 
enacted. 

Sec.  ill.  Ami  he  it  furth<:r  enacted,  That  no  Colh'ctors, 
Sheriff,  or  Constiible,  shall  receive  coets  on  a  tax  fi  fu.,  un- 
less the  same  be  collected   from  the  defendant. 

Sec.  IV.  lie  it  fiirthr  tnnrted,  That  the  7H2d  section  of 
the  Code,  allowing  ihe  Comptroller  General  to  pass  upon 
the  solvency  or  insolvency  of  tax  payers  of  the  several 
counties  in  this  State  be  re]ieah(l:  and  that  from  and  after 
the  passage  of  this  Act,  whenev(!r  the  ('omptndlcr  (rencral 
shall  be  satisfied  that  a  Tax  ( "ollector  has  exercised  due  dili- 
irence  in  his  efforts  to  have  his  insolvent  list  allowed  bv  a 
Grand  Jury  or  Inferior  Court,  within  the  time  prescribed 
bylaw,  the  said  Comptroller  GcDeral  shall  be  authorized, 
if  iu  his  judgment  the  public  interest  will  not  sufler  there- 
1)V,  to  wait  with  the  Collectors  fifteen,  and  not  exceeding 
thirty  (lays,  for  said  insolvent  list,  before  issuing  /ija.i'oY 
the  same.  * 

Sec.  V.  Ik  if  ji/rt/ier  emiriitJ,  That  so  much  of'the  r)4(ith 
and  (j4:7th  sections  of  the  Code  as  relates  to  the  tax  on 
Railroads  be  repealed;  and  that  in  lieu  of"  the  same,  the  Sth 
section  of  an  Act  assented  to  Decendier  I  Itli,  f^oS,  taxing 
all  Railroad  Companies  one-half  of  one  per  cent,  upon  their 
jiet  annual  income,  be  continued  iu  force  ;  and  the  returns 
of  said  Railroad  Companies  shall  hereafter  be  made  to  the 
Comptroller  General  instead  of  the  Treasurer. 

Sec.  VI.  Be  it  further  enacted,  That  the  Inferior  Courts 
of  this  State,  in  allowing  Collectors  their  commissions  for 
collecting  the  taxes  levied  by  their  respective  counties,  be 
and  they  are  hereby  authorized  and  required  to  aggregate 


19 

the  taxes  for  the  various  purposes  levied,  and  to  allow  com- 
missions ou  ihe  whole  amount,  in  accordance  with  the 
schedule  from  which  the  Comptroller  General  is  authorized 
to  allQw  commisslon.s  to  CoUeetor.s  for  collecting  the  State 
tax. 

Sec.  VII.  Ami  JJlicrrax,  By  the  Comptioller  Generars 
Report,  it  appears  tliat  a  portion  of  tlie  new  Code  prepared 
by  the  Commissioners  and  by  previous  Act  of  the  Leo-isla- 
turc  of  Georgia,  intended  to  go  into  ettl'ct  on  the  first  day  of 
January,  1S02,  is  so  fi-amed  as  to  destroy  the  necessary 
checks  and  balances  between  the  offices  of  Treasurer  and 
Comptroller  General,  for  remedy  whereof, 

Sec.  VIII.  It  ifi  hcrohij  further  cnnctrd,  That  so  much  of 
the  96th  section  of  the  Code  as  requires  the  Comptroller 
General  to  give  certificates  of  the  amount  due  from  the  Tax 
Collectors  and  other  debtors  of  the  State,  before  the  same 
has  been  paid  into  the  Treasury,  be  repealed  ;  and  that  in 
lieu  of  the  same  the  Act  approved  December  5th,  1799, en- 
titled "  an  Act  further  explaining  and  defining  the  duties 
and  powers  of  the  Comptndler  General,"  be  substituted 
therefore,  and  hereafter  continued  in  force  ;  and  that  so 
much  of  section  89  of  the  new  Code  aforesai<l  as  requires 
ihe  Treasurer  to  account  for  monyes  received  in  the  Comp- 
troller Goneral's  certificates,  be  and  the  same  is  hereby  re- 
pealed ;  and  the  Treasurer  shall  be  accountable  fi)r  money 
received  on  his  certificates. 

8ec.  IX.  Ami  ho  it  furt.h(  r  rnactrd,  That  no  receipt  or  cer- 
tificate of  payment  from  the  State  Treasurer,  for  any  money 
paid,  or  to  be  paid  into  the  Treasury,  shall  be  valid  against 
the  State,  until  tliesame  shall  have  been  turn<'d  over  to  tlie 
ComptrollerGeneral,  and  his  receipt  given  in  lieu  thereof. 

Sec.  X.  And  he  hf Wither  cwictaJ,  That  wlienever  in  the 
various  Tax  Ir  ws  of  this  State,  the  words  "  United  States  " 
occur,  the  words  "Confederate  States"'  b<',  and  the  same 
are  hereby  substituted  therelor. 

Assented  to  December  14,  18CI. 


20 
(No.  23.) 

An  Act  to  amend  an  Act  to  aitf/mrizr  and  rmjiou-tr  the  Justirtu 
nf  the  Inferior  Courts  of'  this  State,  to  di>nvharge  criminals  or 
nffendr.n  against  the  lav,  f'rom  Jail,  in  certain  cases,  and 
also  to  diachar^e  Defcndahtu  in  ctrlain  ciiil  cases,  approved 
December '2'Mh,  1847. 

ScCi,  I.  The  General  Assembly  do  enact,  That  the  lirst 
section  of  the  above  recited  Act  be  soaiueuded  as  to  read  as 
follows,  to-\vit  :  That  from  and  after  the  passage  of  this 
Act,  when  any  criminal  or  olfonder  against  the  laws  of  this 
State  shall  be  confined  in  any  of  the  jails  thereof,  under  a 
sentence  of  imprlKOJimcnt  for  a  definite  period  and  until  all 
costs  and  fines  are  paid,  and  the  said  ci'inunal  or  oftender, 
after  the  time  of  his  imprisonment  shall  have  expired,  shall 
be  unable  to  pay  [suchy]  fines  and  costs,  or  either,  it  shall  and 
may  be  lawful  for  the  Justices  of  the  Inferior  Court,  in  their 
discretion,  (the  whole  Court  therein  concurring)  when  such 
criminal  or  ofiender  agijinst  the  law  may  be  confined,  to 
discharge  \\\n\  from  such  confinement. 

Assented  to  December  14,  18G1. 


(No.  24.) 


An  Act  to  alter  and  Jir  the    time  of  the    meeting  of  the   Gen- 
eral Assembly  of  the  State  (f  Georgia. 

WnEUEAS,  The  Constitution  of  the  State  of  Georgia  re- 
stricts the  session  of  the  Legislature  to  forty  days; 

And  Whkkeas,  The  Legislature  can  only  remain  in  ses- 
sion thirty-nine  days,  in  conse([uence  of  the  fortieth  day 
being  the  Sabbath  : 

Sec.  L  The  General  Assembly  fflhc  State  oj  Georgia  do  en- 
act, That  tlie  meeting  of  the  General  Assembly  of  the  State 
of  Georgia,  shall  be  annually  on  the  first  Thursday  in  No- 
vember, instead  of  the  first  Wednesday,  as  now  required  by 
law. 

Assented  to  December  14,  1861. 


^  (No.  25.) 

An  Act  for  the    Protection  of  Soldiers  in    the  service,  against 
judgments,  in  certain  cases. 

Sec.  I.  The  General  Assembly  of  the  Stctte  of  Georgia  do  enact 
as  follows :  That  no  judgment  which  has  been  obtained,  or 
which  may  hereafter  be  obtained  in  any  of  the  Courts  of 
this  State,  against  any  soldier,  during  liis  absence  from  home 
in  the  service  of  this  State  or  of  the  Confederate  States, 
«hall  be  enforced  by  execution  until  three  months  shall 
have  expired  from  such  time  of  such  soldier's  discharge  from 
service. 

Sec.  II.  That  in  all  cases  where  any  judgment  has  been 
or  may  hereafter  be  obtained  against  any  soldier  whilst  he 
is  absent  from  home  in  the  service  of  the  State  or  Confeder- 
ate States  as  aforesaid,  such  soldier  shall  have  the  right  at 
any  time  within  thre*;  months  after  his  discharge,  to  open 
such  judgment,  by  making  an  aftidavit  that  he  was  not  per- 
sonally served  with  process  in  the  case  in  which  the  judg- 
nient  was  obtained,  and  that  he  has  a  good  and  subsisting 
defence  against  such  judgment ;  which  defence  shall  be 
stated  in  the  affidavit;  and  the  issue  thus  made  shall  be  tried 
as  in  cases  of  illegality. 

Sec.   III.     Ivopeals  conflicting  laws. 

Assented  to  l-Ith  December,  ISOl. 


(No.  26.) 


An  Act  to  authorize  all  Volunteers  and  oilier  troops  in  the 
serricc  from  this  State,  to  vote  at  all  Elections,  without  ref- 
erence to  the  jilacc  wheic  theij  may  he  in  service  at  the  time 
of  such  Elections,  and  for  other  jairposes. 

Sec.I.  The  General  Assembly  enacts.  That  all  volunteers  and 
other  troops,  citizens  of  this  fctate,  who  are  now,  by  law, 
entitled  to  vote,  or  who  may  at  the  time  of  such  election, 
be  entitled  to  vote  at  any  election  in  this  State,  except 
such  elections  as  are  not  returnable  to  the  Executive  De- 
partment, be  and  thry  are  her('l)v  entitled  to  .issenible  at 
such  place  as  they  may  be  stationed  at,  or  in  service,  and 


cast  their  votes  as  though  they  were  in  their  proper  couir- 
ties,  at  such  elections. 

Sec.  JI.  That  at  said  elections  it  shall  be  lawful  for  any 
two  commissioned  ollicfrs  of  the  company,  battalion,  or 
regiment,  to  preside  and  hold  said  elections,  under  the  same 
rules  and  reirulations  that  are  now  prescribed  by  law  for 
the  holding  such  elections,  and  moke  returns  of  the  same 
as  though  tlic  said  election  had  been  held  in  the  county 
of  the  residence  of  the  voters  respectively — sending 
one  copy  of  the  list  of  voters  and  one  copy  of  the  tnlly- 
shcet  to  the  Clerk  of  the  Superior  Court  of  the  county  whe1"e 
the  persons  voting  reside,  and  one  copy  each  to  the  Execu- 
tive Department ;  and  all  eleetlous  thus  held  shall  be  ac- 
counted good  and  valid :  Pror iilal  th('  returns  thereof  shall 
reach  the  Executive  Depaitment  within  fifteen  days  after 
the  day  of  elections. 

Sec.  nr  Repeals  conflicting  laws. 

Assented  to  141h  l)ecember,  18(il. 


(No.  27.) 
All   Act  to  aiiu/ul  the  Mil'itanj  Liiirs  if  this   State. 

Sec.  I.  T/ic  (icMtnii  Aasoyih/ij  of  the  Slate  of  Georgia  do 
enact  as  foUmi-s,  to-wit:  That  all  troops,  of  every  charac- 
ter, now  in  the  service  of  Georgia,  or  that  may  hereafter 
be  called  into  the  service,  shall  receive  the  same  pay  and 
allowance  as  that  allowed  to  the  Confederate  troops;  and 
each  company  hereafter  called  into  S(>rvice,  shall  have  the 
same  nundjer,  rank  and  file,  as  tlial  recjuired  by  the  laws 
of  Congress  and  the  Army  Rcguhitions  of  the  Confederate 
States;  and  Chaplain  and  Snrge<m  may  be  a[)pointed,  with 
the  same  rank  and  pay  as  those  in  the  Confederate  Army. 

Assented  to  December  14,  1801. 


(No.  28.) 
Ail  Act  to  (u/thorize   Coiifi/atances    of   Ctiuscs  i)endiiig  in  the 

Superior  and  Inferior  Courts  and  City  Courts  of  this  State, 

during  the   War,  in  certain  cases. 

Sec.  I.     The   Gen  end  Assembly  of  the  State  of  Georgia,  do 
enact,  That  the  Judges  of  the  Superior  and  Inferior  Courts 


23  ^^* 

and  City  Courts  of  this  State,  are  hereby  authorized  to  j^runt 
a  general  continuance,  and  from  Term  to  Term,  of  all  causes 
inbehalf  of  Plaintiffs  and  Defendants  when  they  are  in  the 
military  service  of  the  Confederate  States  or  of  the  State  of 
Georgia,  as  also  where  the  Attorney  of  either  Plaintiffs  or 
Defendants  is  in  the  military  service,  and  who  was  employed 
as  Counsel  before  entering  said  military  service. 

Sec,  rr.  Au(f  he  it  further  enacted,  That  where  it  shall 
be  made  to  appear  that  either  party  has  a  material  witness 
absent,  or  who  is  in  the  military  service  as  aforesaid,  who 
alone  can  prove  t!ie  material  facts  in  the  case,  and  that  it 
has  not  been  in  the  power  of  the  party  to  procure  the  testi- 
mony of  said  absent  witness  by  interrogatories  since  the 
passing  of  this  Act,  then,  in  such  case,  the  Court,  being  sa- 
tisfied from  the  circumstances,  that  the  showing  for  a  con- 
tinuance was  not  made  for  delay  only,  may  enter  the  case 
continued  generally- 
Sec.  Ill  Repeals  contlicting  laws. 
Assented  to  December  14,  1861. 


(No.  2!).) 
An   Act  to  rco-uhiT  Forr'xrn   E.rr/ia>i(rr. 

Sec.  I.  The  General  Ansrmbli/  of  the  State  (f  Georgia  do 
ciuict,  That  the  purchase  and  sale  of  Foreign  Exchange,  shall 
hereafter  be  regulated  by  the  laws  of  trade. 

And  that  all  laws  or  parts  of  laws  heretofoie  enacted, 
which  place  restrictions  upon  Foreign  Exchanges,  be  and 
the  same  are  hereby  repealed. 

Assented  to  December  14,  ISGl. 


(No.  'M).) 


An  Act  to  amend  an  Art  cntithd  on  Art  to  abolish  imprimn- 
menl  for  dcht,  on  certain  conditions  hrrein  set  forth,  and  for 
other  imrposes,  assmted  to   December  11,   18-58. 

Sec.  1.  The  General  Assrmbhj  of  Georgia  do  enact.  That  the 
provisions  of  the  second  section  of  the  above  recited  Act, 
be  and  the  same  are  hereby  extended  to  all  persons  arrested 


under  any  civil  process  whatever,  mcBnc  or  final;  and  that 
the  notice  required  by  said  Act  to  bo  given  to  the  Plaintifl', 
shall  be  ten  days,  which  shall  bo  oHected  by  personal  ser- 
vice. 

Sec.  II.  Ami  Im  if  furUicr  enacted.,  Tliut  in  no  event,  ex- 
cept for  Providontial  cause,  shall  a  contiiiuniico  be  granted 
to  the  Plaintiftiuore  tliau  one  lime,  nor  shall  such  continu- 
ance delay  the  case  for  more  than  thirty  days  from  the  day 
of  arrest. 

Sec.  III.  -iW  bt  h  j'urihtr  iimcttd,  That  the  riaintifl', 
his  Agent  or  Attorney,  shall  be  required  to  make  affidavit 
that  he  has  reason  to  believe  that  the  facts  set  forth  in  tlie 
tender  of  issue,  are  true. 

Sec.  IV  Repeals  oonllicting  laws. 

Assented  to  December  14,  lS(jl. 


(No.  .31.) 


An  Act   to  jnreir/it  Attorneys  at  Low  from    practicing   in  the 
Courts  of  t/tis  State,  irlio/ail  to  itaytltdr  ProJhsitnKd  Tax. 

Sec.  I.  Be  it  enacted^  Tliat  from  and  after  the  passage  of 
tbis  Act,  wlionevor  it  shall  bo  made  to  appear  to  any 
.Judge  of  the  Superior  Courts^  that  any  Attorney  at  Law 
practicing  in  said  Courts,  has  failed  to  pay  his  professional 
tax,  or  fails  to  pay  his  said  tax  levied  according  to  the  laws  of 
this  State,  and  I'xociition  has  boon  issued  for  the  same  by  the 
Tax  Collector,  and  returned  by  the  ]>roper  ofii('«^r  no  prop- 
erty to  be  found,  it  shall  be  the  duty  of  th<'  Judge  presid- 
ing in  the  Superior  Court  of  ilie  county  in  which  the  same 
Attorney  resides,  to  cause  to  be  issued  a  rule  by  the  Clerk 
of  said  Court,  requiring  said  Attorney  to  show  cause  by  the 
next  torvn  of  said  Court,  \y\\y  he  should  not  be  struck  from 
the  list  of  Attorney's,  and  hiis  License  to  practice  declared 
of  no  elfect,  for  his  failure  to  pay  his  said  p|-ofessJonal  tax; 
which  rule  shall  be  served  by  the  SlH!rilTupon  said  Attorney, 
twenty  days  bolore  the  next  term  of  said  Court;  and  if  at 
said  term  of  said  Court,  said  Attorney  fails  to  show  sufficient 
cause,  said  .Judge  shall  pass  an  order  striking  said  Attorney 
from  the  list  of  Attorneys,  and  declare  his  license  to  prac- 


§5 

tice  in  the  Courts  of  law  and  equity  in  this  State,  null  and 
of  no  effect. 

Assented  to  December  14,  ISGl. 


(No.  32.) 
An  Act  to  alter  the   Great  Seal  of  the  State  of  Georgia. 

Sec.  I.  The  Gnieral  Assrmhb/  of  Georgia  do  enact,  Tliat  S. 
S.  Stafford  and  G.  N.  Lester  and  B  H.  Bigham  be,  and  they 
a»*e  hereby  appointed  Commissioners  in  co-operation  with 
the  Secretary  of  Stnto,  to  prepare  a  new  Great  Seal  for  the 
State  ot  Georgia,  and  to  make  all  necessary  preparations 
and  arrangements  to  bring  the  same,  as  agreed  on  by  said 
Commissioners,  into  use. 

Sec.  II.  Be  it  further  enacted^  That  so  soon  as  the  Great 
Seal  is  agreed  upon  and  prepared,  as  provided  in  the  forego- 
ing section,  the  Secretary  of  State  shall  forthwith  use  it  in- 
stead of  the  Senl  now  in  force;  and  all  attestations  under  the 
new  Seal  shall  from  then  thenceforth  be  valid. 

Assented  to  December  14,  1861. 


(No.  ij;3.) 

An  Act  to  sit  upend  the  Stafnten  of  Limitatum,  and  for  other  jn/r- 
poses. 

Sec.  I.  The  General  Asftembli/  of  the  State  of  Georgia  do 
<:narf,  That  from  and  after  the  passnire  of  this  Act,  the 
Statutes  of  limitation  now  in  force,  be  and  the  same  are 
hereby  suspended  during  the  present  war. 

Set.  II.  Be  it  further  enacted,  That  in  all  cases  where  the 
statute  of  limitation  has  connnenccd  to  run,  the  same 
shall  be  suspended  until  peace  is  dechired  b3'  the  Proclam.  - 
tion  of  the  President  of  the  Confederate  States  ;  at  which 
time  it  shall  commence,  computing  the  time  it  had  already 
run  at  the  ti.tie  of  the  passage  of  this  Act  in  favor  of  any 
person  or  persona,  or  corporation  relying  on  the  same. 

Sec.  ni.  Repeals  conflicting  laws. 

Assented  to  December  14,  ISGl. 


26 

(No.  34.) 

An  Art  foprnvlfir  for  (he  RctJucthm  of  the  Salaries  of  thr.  Offi- 
cers and  Employees  of  tUt  Western  and  Atlantic  Railroad. 

Sec.  I.  The  General  Assembly  of  Georgia  do  enact,  That 
the  Governor  be  requested  to  scnitiiii/e  the  salaries  of  the 
officers  and  employocs  of  the  AVostern  S:  Atlantic  Railroad: 
and  whenever  it  can  be  done  with  a  due  regard  to  tlie  best 
interests  of  the  Koad,  a  fair  iuid  proper  reduction  of  the 
salaries  shall  he  made. 

Sec.  II.  Repeals  conflicting  laws. 

Assented  to  December  \A,  l^Gl. 


(Xo.  ;5:j.) 
An  Act  to  prercn/,  during  the  existing  II  ar,  Monojiolics,  Kxtor- 

fihm   and  Speculation   in  Breadstnffs  and   othei-   Articles  <f 

general  'uxf  and  consumption,  awl  to  make  such  acts  criminal, 

<i,nii  tnjyrovidr pinalties  for  the  same. 

Sec.  I.  Be  it  enacted  by  the  General  AssemhUj,  That  if  any 
person  shall  purchase  any  articles  of  clotliing,  shoes,  leath- 
er, cloth  of  any  kind,  provisions,  wheat,  flour,  corn,  corn- 
meal,  meat,  bacon,  liogs,  cattle,  salt,  bagging,  rope  and 
twine,  or  any  or  either  of  the  aforesaid  articles,  or  any  oth- 
er article  or  thing,  and  shall  falsely  represent  that  he  or 
they  i«  or  are  purchasing  such  article  or  articles  for  the 
soldiers  or  Government,  or  Army  of  this  Stare,  oroftlie 
Confederate  States,  or  of  any  of  the  Confederate  States,  or 
for  any  Army  ortroops  friendly  to  the  Confederate  States, 
or  shall,  by  any  fraudulent  contrivance,  induce,  or  attempt 
to  induci;  the  vendor  to  believe  that  he  or  they  is,  or  are, 
purchasing  such  article  or  articles  for  the  Army  or  Govern- 
ment of  this  State,  or  the  Confederate  States,  or  of  any 
of  i\\K\  Confederate  States,  such  i)ers()n  so  ollending,  shall 
be  guilty  of  a  felony  ;  and  upon  conviction  thereof  in  the 
couaty  where  the  purchase  may  b(j  made,  shall  be  punish- 
ed by  imprisonment  and  hard  labor  in  the  Penitentiary,  not 
less  than  one  year,  nor  longer  than  three  years  ;  and  ii[)on 
all  trials  for  such  oflence,  after  proof  of  the  representation 
shall  be  made,  the  onus  of  proving  the  agency  shall  rest  up- 
the  defendant. 


27 

Sec.  II.  Be  it  further  enacted,  That  all  and  every  person 
or  persons  who  shall  monopolize  any  of  the  articles  above 
inentioued,  w^itli  intent  to  produce  a  scarcity  of  such  article 
or  articles  in  the  market,  or  of  raising  the  price  or  prices  of 
such  articles,  or  either  of  them,  or  if  any  person  or  per- 
sons shall  purchase,  procure,  or  receive  any  of  the  articles 
specified  in  the  preceding  section,  and  hold  the  same  for  the 
purpose  of  engrossing  the  market  and  raising  the  price  of 
such  article  or  articles,  such  person  or  persons  so  offending, 
shall  be  guilty  of  a  misdemeanor;  and  upon  conviction  there- 
of, shall  be  fined  in  a  suiu  not  less  than  Hve  hundred  dol- 
lars, nor  exceeding  five  thousand  dollars. 

Sec.  III.  Hi  h  further  enacted,  That  any  person  or  persons 
who  shall  exa<*t,  demand,  or  receive  exhorbitant,  unjust,  or 
unreasonable  prices  for  any  of  the  articles  enumerated  in  the 
foregoijig  sections  of  this  Act,  shall  be  guilty  of  the  crime 
of  extortion  ;  and  upon  conviction  thereof,  shall  be  punish- 
ed by  fine,  or  imprisonment,  or  both,  in  the  discretion  oi 
the  Court  ;  the  fine  not  to  exceed  one  thousand  dollars,  and 
the  imprisonment  not  to  exceed  six  months. 

Sec.  IV.  Be  it  further  enacted,  That  in  all  trials  for  a  vio- 
lation of  the  third  section  of  this  Act,  the  Jury  may  take  in 
to  consideration  the  cost  of  producing  the  articles,  with  ex- 
penses of  transportation  to  market,  if  the  defendant  be  a 
manufacturer  or  producer  thereof ;  and  the  original  price 
paid  therefor,  with  cost  of  transportation,  if  the  defendant 
be  a  merehant  or  trader. 

Sec.  V.  Be  it  further  etiartcd,  That  if  any  or  either  of  the 
offences  spocihed  and  described  in  the  foregoing"  sections, 
shall  be  committed  by  a  Corporation  through  its  agents,  the 
President  and  Directors  of  such  corporation,  as  also  the 
agent  so  offering  the  article  for  sale,  shall  be  liable  to  be 
severally  indicted  for  such  offence  ;  and  upon  conviction, 
shall  be  punished  as  is  herein  before  prescribed. 

Sec.  VI.  And  be  it  furf her  enacted,  That  any  of  the  above 
articles  may  be  purchased  without  the  limits  of  this  State, 
and  imported  into  this  State  for  sale,  and  at  a  price  not  ex- 
ceeding the  current  prices  in  the  neigiiborhood  where  the 
same  may  be  offered  for  sale. 

Sec.  VII.  Bt  it  further  enacted,  That  it  shall  be  the  duty 
of  the  Judges  of  the  Superior  Courts  of  this  State,  at  the 


opening  of  each  session  of  their  respective  Courts,  to  give 
the  provisions  of  this  Act  in  special  charge  to  the  Grand 
Jury. 

Sec.  VIII.  Be  i(  fiotlur  tnacfrd,  Tliat  in  all  indictments 
under  this  Act,  it  shall  only  be  necessary  to  state  the  offence 
generally  and  substantially,  in  the  words  of  this  act. 

Sec.  IX.  Br  'it  further  cnactrd.  That  this  Act  shall  take  ef- 
fect and  go  into  operation  from  and  after  the  A^A\\  d;iy  of  this 
present  month,*  and  shall  continue  in  force  for  tv^elve 
months,  or  until  the  end  of  the  present  war. 

Assented  to  December  14,  1S61. 

'latli  December,  ISr.l. 


(No.  n(>.) 

A./1  ^'ict  to  (tpproci;,  additt  and  riuiJci  of  f'orct',  la  (lie.  State  of  (itor- 
gia,  a  rccised  Code  of  T^aw.f,  prejKwed  umlcr  the  direction  and 
hy  authorUij  of  tlu:  General  Assemb/ij  thcrroJ\  and  /or  other 
■fnirpnsiH  tilt  rcioith  connccteiJ,  asxcnted  to  D'cembcr  0,  18G0. 
Sec.  I.    The  (ieneral   AssctnUi/  do  enact.  That    the  provis- 
ions of  the  aforesaid  Act,  be  and  tlie  same  are  hereby  so 
amended    that  the  said   revised  Code  of  Laws  shall  go  into 
operation  the  1st  day  of  January,  I  Sli;),  and  not  before. 

Sec.  II.  Be  k  farther  tiuicted.  That  as  soon  us  said  Code 
has  been  properly  publisiied  and  indexed,  the  Governor  is 
authorized  and  instructed  to  take  tiie  necessary  steps  to 
furnish  each  member  of  the  present  General  Assembly  with 
a  copy,  to  the  end  that  he  may  examine  and  prepare  to  de- 
cide upon  the  nnirits  of  the  samu,  previous  to  the  next 
meeting  of  the  Legislature. 

Assented  to  IGtli  December,  ISGI. 


(No.  37.) 


An  Art  to  J'fmc  and  fr  the  manner  in  which  suits  matj  he  inMitu- 

ted  against  insiiranrr  Companies  in  thi'A  State,  and  to  presrrihe 

the  manner  in  which  sercice  shall  he  effected  upon,  them. 

Sec.  I.    Tlie  General  Aisemhly  do  enact,  That  whenever  any 

person  may  have  any  claim  or  demand  upon  any  Insurance 

Company  having  agencies,  or  more  than  one  place  of  doing 


29 

business,  it  shall  be  lawful  for  such  person  or  persons, 
to  institute  suit  against  said  Insurance  Company,  within 
the  county  where  the  principal  office  of  such  Company  is  lo- 
cated, or  in  any  county  where  such  Insurance  Company 
may  have  an  agency,  or  place  of  doing  business,  [which  V] 
was  located  at  the  time  the  cause  of  action  accrued,  or  the 
contract  was  made,  out  of  which  said  cause  of  action  arose. 

Sec.  11.  In  all  such  suits,  service  shall  bo  eflvcti;d  upon 
such  Insurance  Company,  by  leaving  a  copy  of  the  bill  or 
writ,  with  the  agent  of  the  Company,  if  any;  if  no  agent 
should  be  in  the  county,  then  at  the  agency  or  place  of  do- 
ing business,  or  where  the  same  was  located  at  the  time 
such  cause  of  action  accrued,  or  the  contract  was  made  out 
of  which  the  same  arose. 

Sec.  III.  Repeals  conflicting  laws. 

Assented  to  December  IG,  ISGl. 


(No.  3S.) 

An  Act  to  repeal  An  Act  to  regulate  the.  Agencirs  of  Foreign- 
Insurance  Companies,  and  to  provide  for  the  appointment  of  an 
Insurance  Commissioner,  assented  to  the  12th  of  December, 
1859. 

Sec.  I.  Be  it  enacted  by  the  Genet  nl  Asscnihhj,  That  the  Act 
referred  to  in  the  caption  of  this  Act,  be  and  the  same  is 
hereby  repealed  ;  Provided,  That  the  provisions  of  this  Act, 
shall  not  extend  to  Insurance  Companies  located  within  the 
United  States  of  America. 

Assented  to  December  16,  1861. 


(No.  39.) 


«; 


An  Act  In  authorize  GfMrdinns,  Trusters,  E.rerut/rrs  and  Admin- 
istrators, to  iuresf  in  Ciinftulnate  State  Bands,  and  in  land  and 
negroes. 

Sec.  I.  The  Genfral  Asscmldy  of  the  StaXe  of  Georgia  do  enart, 
That  Guardians,  Trustees,  Executors  and  Administrators, 
are  hereby  authorized  to  invest  any  funds  held  by  thcui,  as 


o 


30 


sJiich  Gnar(lians,Trnstoo.s,  Executors  and  Administrators,  in 
the  Rorid.s  issued  by  tlie  Confcdenite  States  of  Anieriea,  or 
ill  Idnds  and  neirrnes ;  Provufal,  that  an  order  to  that  effect 
be  fii'st  obtained  troni  the  Judge  of  the  Superior  Court,  who 
is  liereby  authorized  to  consider  and  pass  sncli  ap[)lications 
either  in  tenn  time  or  vacation. 

Sec.  II.  Repeals  conflicting  laws. 

Assenti'd  to  December  Ifi,  1<^01. 


(No.  40.) 


An  Ad.  to  mtthor'izr  the  Prreirer  or  Receivers  ajipoinfed  vnder 
the  Scqmstrdfioji  Art  (f  the  Coti/eder(ifc  States,  to  bring  suit  on 
nil  rial  ins  of  Alien  enemies,  sef/uestnitril  in  any  of  the  Cdurts  of 
this  State,  and  to  maintain  all  snifs  which  arc  tioiv  pending  in 
any  of  the  Courti,  and  for  otJier  purposes. 

Sec.  J.  lie  it  enacted,  That  from  and  alter  the  passage  of 
this  Ac,t,  the  Keceiver  or  Receivers  ai^pointed  under 
an^  by  virtue  of  tlie  Sequestration  Act  passed  by  the  Cpn- 
1,'ress  of  tlie  Coufoderute  States,  be  and  they  are  ]iertd)y  uii- 
rhorized  to  sue  all  se(ju(!strated  claims  which  are  not  iii  ^nn, 
and  maintain  and  })rosecute  all  cases  which  are  now  pend- 
ing in  any  of  the  Toiirts,  and  to  proceed  to  collect  all 
judgments,  fifas  issued  from  any  of  the  said  Courts  in  favor 
of  said  Alien  enemies,  that  have  or  shall  hereafter  be  seques- 
trated, in  the  same  manner  as  the  original  plaintiffs  would 
have  been  entitled  to  have  done,  proviucd  they  had  not  have 
become  Alien  enemies;  and  in  -ill  such  cases,  the  Receiver  or 
Receivers  shall  be  made  a  party  plaintill",  on  motion,  before 
he  Court,  and  the  name  of  the  Alien  enemy  sliall  be  strick- 
^rti  out  and  the  name  of  the  Receiver  or  Receivers  inserted, 
*ia  all  cases  now  pending,  and  in  all  flfas;  and  that  all  suits 
shall  be  commenced  by  petition  on  all  sequestrated  claims, 
in  the  nanie  of  the  Receiver,  for  the  use  of  the  Confederate 
States,  according  to  the  law  of  this  State  regulating  actions 
at  law  or  in  equity,  [and  they?]  shall  be  the  same  as  in  all 
other  cases  in  said  Court;  [and?]  the  Court  in  which  the  judg- 
ment may  be  rendered  shall  have  discretionary  power  as  to 
taxing  the  costs,  according  to  the  equity  of  each  case. 


.11 

Sec.  II.  Be  it  further  endcted^  That  in  all  cases  where  tlie 
said  Receiver  or  Receivers  shall  iail  to  recover  judgment  in 
any  cause,  judgment  may  be  signed  against  such  Re- 
ceiver in  his  otficial  capacity;  but  no  personal  liability  shall 
attach  to  said  Receiver,  but  such  costs  accruing  shall  be 
paid  out  af  the  first  money  raised  in  said  Court  out  of  the 
sequestration  fluids. 

8ec.  HI.  That  all  costs  due  to  thecliicersof  Court  on  any 
of  said  sequestration  cascvS,  shall  be  the  first  money  paid  ont 
of  the  sequestrated  fund  arising  in  said  Court;  And  be.  it  fur- 
ther inarted.  That  said  Receiver  or  Receivers  may  prosecute 
such  claims  through  any  attorney  at  law  whom  he  may  ap- 
point or  employ  for  such  purpose. 

Sec.  IV.  And  he  it  finther  enacted,  That  said  Receiver  or 
Receivers,  or  any  attorney  at  law,  may  sue  ont  attachment 
in  the  name  of  the  Receiver,  for  the  nse  of  the  Coufcderate 
States,  by  making  the  aflidavit  as  now  re({uired  by  the  laws 
of  this  State  in  case  of  attachment,  and  the  prooeedirjgs  shall 
be  the  same  as  in  all  other  cases  of  attachment. 

Sec.  V.  Repeals  conilicting  laws. 

Assented  to  December  16,  3SG1. 


(No.  41.) 

An  Act  to  encourage  the  manufacture  of  salt  within,  (hc'limits  of 
the  State  nj  Georgia,  and  for  other  purposes. 

Whereas,  The  supply  of  salt,  in  consequence  of  the 
blockade  of  the  ports  of  this  State,  is  exceedingly  limited, 
and  nnich  inconvenience  must  result  to  the  people  unless 
measures  are  afforded  to  manufat  turers  of  said  article. 

Sec.  I.  Be  it  enacted,  That  his  Excellency  ^he  Governor  of 
this  State,  be  and  he  is  hereby  authorized  to  draw  his  war- 
rant upon  the  Treasury  of  tliis  State,  for  the  sum  of 
fifty  thousand  dollars  ;  which  said  sum,  in  his  discretion, 
shall  be  advanced  without  interest,  to  any  Company  or  Cor- 
poration, which  has  been  or  may  hereafter  be  established  in 
this  State  for  the  manufacture  ol  salt:  the  advance  so 
made  to  be  secured  to  the  State  by  mortgage,  or  otherwise, 
and  to  be  refunded  to  the  Treasury  aforesaid,   at  such  time 


:}2 

or  times,  as  may  be  desiguatod  by  the  said  Governor  after 
peace  shall  have  been  restored  between  the  United  States 
and  the  Confederate  States  of  America. 

Sec.  II.  Jk  it fiirtin r  iiwctiJ^  Tiiat  ilio  Governor  is  liej'eby 
authorized  to  draw  his  warrant,  or  several  warrants,  upon 
the  Treasnry  of  Georgia,  in  favor  of  such  persons  or  Corjx)- 
ration.s  as  may  be  engaged,  or  may  hercaftor  engage  in  the 
manufacture  of  salt,  not  to  exceed  in  all  the  simi  of  fifty 
thousand  dollars ;  and  the  Governor  may  draw  lor  any  part 
of  said  sum,  in  favor  of  any  resjionsiblc  parties  or  corpora- 
tions, in  sums  as  may  be,  in  each  case,  agreed  u[)on; 
Provided,  that  iji  each  case,  before  ihe  san)e  shall  be  drawn 
from  the  Treasury,  good  and  sufticicnt  security  .shall  be 
given  by  the  pitrty  or  corporation  in  whose  favor  it  shall 
be  made,  in  bond  or  mortgage;  the  sufficiency  of  the  securi- 
ty to  be  judged  of  by  the  Governor,  and  the  time  of  repay- 
ment to  the  State  to  be  likewise  stipulated  by  his  Kxcellen- 
cy  ;  FroriJfjd,  that  no  interest  shall  be  charged  on  the  sum 
or  sums  so  advanced. 

Sec.  ITT.  Repeals  contlicting  laws. 

Assented  to  December  16,  ISGl. 


(No.  42.) 

An  Ax:t  to  add  an  additional  Section  to  the  VcikiI  Code  of  Geor- 
gia. 

Sec.  I.  The  General  Assembly  of  Georgia  do  rnact  as  foUofivs: 
That  the  following  shall  be  and  is  hereby  added  as  a  twelfth 
Section  of  the  fifth  Oivision  of  the  Penal  Code  of  this  State  : 

The  wilful  or  malicious  burning,  or  attempting  to  burn 
any  Railroad  Bridge  within  this  State,  (otherwise  than  un- 
der the  order  of  the  Governor,  or  some  military  officer  of  this 
State  or  of  the  Confedeiate  States,  during  the  continuance 
of  the  existing  war,)  shall  be  deemed  and  adjudged  Arson, 
and  shall  be  pimislicd  \\  ith  death. 

Assented  to  December  10,  isGl. 


33 
(No.  43.) 

A?K  Act  to  amend  An  Act  nitithd  An  Act  to  authorize  the  settle- 
ment  of  crim'nial inonecutions  in  certain,  cases,  and  to  >ecrulafe 
more  particvlarh/  the  duties  of  the  Aftornfj/  and  Solicitors  Gen- 
crnl,  and  fix  their  liahi/it/cs,  apjirorrd  Fehniartj  22d,   1850. 

Whereas,  By  the  fourth  Section  of  the  above  recited  Act, 
the  Attorney  and  Solicitors  General  are  prohibited  from  de- 
manding or  receiving  any  fee,  or  cost,  on  any  criminal  case 
which  has  not  been  tried. by  a, Petit  Jury,  except  such  as 
are  provided  for  in  the  lirst  Section  of  said  Act,  whereby 
the  Attorney  and  Solicitors  General  are  deprived  of  the 
cost  in  all  cases  settled  under  the  third  Section  of  said  Act, 
as  well  as  in  all  cases  finally  disposed  of  without  ffoins:  be^ 
fore  a  Petit  Jury,  by  the  defendants  placing  a  demand  foi 
trial  upon  the  mi'iiutes,  or  otherwise,  for  remed}'  whereof, 

Sec.  I.  Be  it  enacted.  That  the  fourth  Section  of  the  above 
recited  Act,  be  so  amended  as  to  read  as  follows  :  Any  At- 
torney or  Solicitor  General  who  shall  demand  or  receive 
any  fee,  or  costs,  on  any  criminal  case  which  has  not  beau 
tried  by  a  Petit  Jury,  or  otherwise  finally  disposed  of,  shall 
be  guilty  of  a  misdemeanor;  and  on  conviction  shall  be  pun- 
ished by  a  fine  or  imprisonment,  at  the  discretion  of  the 
Court. 

Assented  to  December  16,  18(31. 


,  .        (No,  U,) 

An,  Act  to  authorize  Married  Women  to  deposit  moneij  in  aiy 
Savings  Bank  oj-  Institution  )ioir  chartered,  or  which  maufikre- 

,.  Sl(t^bci;hqrtcred  hij  this  State,  and  fur  ot)ier imr poses  therein 
metitioned. 

Sec.  I.  The  General  Asscmhlij  of  the  Siah-  of  Georgia  do 
enact  m  fdlmr:^:  That  it  sjiall  and  may  be  lawful  for  any 
married  woman  to  de[)o8it  iu  any  of  the  Savjaigs  P»auks  or 
institutions  for  Savings,  now  chartered  in  the  State  of 
Georgia,  or  which  may  hereafter  be  chartered  in  said  State, 
any  sum  or  sums  of  money,  the  proceeds  of  her  own  labor, 
or  that  of  her  children,  less  than  one  thousand  dollars  taken 


^ 


34 

ill  the  aggregate,  and  to  control,  draw  for,  dispose  of,  de- 
vise, or  transfer  in  any  way  whatever,  the  sum  or  sums  thus 
deposited,  in  every  respect,  as  if  she  were  not  a  married 
woman. 

Sec.  II  Repeals  conflicting  laws. 

Assented  to  December   IG,  ISdl. 


(No.  45.) 

An   Art  to  add  an  additional    Sertio/i   (n  thr  Tenth   and    Thir- 
teenth Divisions  of  the  Penal  Code  of  this  kStatc. 

Sec.  I.  Be  it  enacted,  That  from  and  after  the  passage  of 
this  Act,  the  following  section  shall  ho  added  to  the  tenth 
tUvision  of  the  Penal  Code  now  of  force,  and  shall  be  part 
thereof: 

Any  white  woman,  within  the  limits  of  this  State,  who 
shall  live  or  cohabit  with  any  negro  slave  ox  free  person  o( 
color,  xhall  he  guilty  of  adultry  or  fornication,  as  the  case 
may  be,  and  be  indicted  for  the  same  ;  and  on  conviction, 
shall  be  fin«!d  or  imprisoned  in  the  common  jail  of  the  coun- 
ty, or  both,  at  the  discretion  of  the  Court;  and  said  slave 
or  free  person  of  color,  so  found  living  or  cohabiting  with 
any  white  woman  in  this  State,  shall  be  im})risoned  for  one 
week,  in  the  county  jail,  and  receive,  during  said  week, 
thirty- nine  lashes  on  his  bare  back,  on  three  several  days 
during  said  week;  and  the  owner  of  said  slave  shall  pay  the 
expenses  of  said  imprisonment  and  correction  of  said  slave  ; 
and  if  a  free  person  of  color,  his  Guardian  shall  pay  all  of 
said  expenses  and  costs. 

St^c.  II.  Be  it  further  enacted,  That  from  and  after  the  pass- 
age of  this  Act,  the  following  shall  be  added  as  an  addition- 
al section  of  the  thirteenth  division  of  the  Penal  Code,  to- 
wit : 

That  if  any  slave,  or  free  person  of  color,  shall  wilfully 
destroy,  or  in  any  manner  hurt,  damage,  injure,  or  obstruct, 
or  shall  aid  and  assist  in  any  way  whatever,  to  hurt,  dam- 
age, injure,  or  obstruct,  any  railroad  bridge  in  this  State, 
or  any  branch  thereof,  or  any  bridge  connected  therewith, 


35 

or  any  vehicle,  edifice,  car,  carriage,  or  engine,  of  any  of 
said  railroads ;  or  shall,  without  the  consent  of  the  Com- 
pany, move,  or  interfere  or  meddle  with  any  gate, 
switch,  sidling,  or  other  appurtenance  to  any  such 
railroad,  such  slave  or  free  person  of  color  so  ofiendiu"-, 
shall  and  may  be  indicted ;  and  on  conviction,  shall  be  pun- 
ished by  death. 

Assented  to  December  IG,  1861. 


(No.  46.) 


An  Act  to  jirevent    Tradi/ig  with  the    Enemy  in   time  of  fVar, 
within  this  State,  or  a  Port  oj'anij  other  State. 

Sec,  I.  Be  it  enacted,  That  from  and  after  the  passage  of 
this  Act,  it  shall  be  unlawful  for  any  person  to  send  or  car- 
ry, to  sell,  or  offer  for  sale,  in  any  port,  city,  town,  or  other 
place,  within  this  State,  whilst  the  same  is  in  possession,  or 
under  the  control  of  the  enemy  of  the  Confederate  States, 
or  the  State  of  Georgia,  any  cotton,  grain,  provisions,  or 
other  article  of  trade,  and  merchandize  of  any  kind,  or 
shall  send,  or  cause  to  be  sent  out  of  the  State,  with  the  in- 
tention of  carrying,  or  sending  to  sell,  or  offer  for  sale,  any 
such  article,  at  any  such  ports  or  places.  And  any  person 
who  shall,  directly  or  indirectly,  violate  the  provisions  of 
this  Act,  shall  be  deemed  guilty  o.f  a  felony;  and  on  convic- 
tion thereof,  shall  be  punished  by  imprisonment  in  the  Pen- 
itentiary, for  a  term  of  not  less  than  two  years,  nor  longer 
than  ten  years. 

Assented  to  December  IG,  18G1. 


(No.  47.) 

An  Act   to  juovidc  for  the  appointment    of  new  Assio-nees  and 
Trustees  m  certain  coms. 

Sec.  I.  Be  it  eimcted.  That  in  all    cases   of  assignmcDts 
for  the  benefit  of  creditors,  heretofore  or  hereafter  made, 


36 

find  in  all  cases  of  any  trust,  wlipre  the  sole  or  purviving 
Trustee  or  Assignee  shall  have  departed  this  liie,  or  re- 
moved beyond  the  jurisdiction  of  the  Courts  of  this  State, 
the  Superior  Courts  of  the  several  counties  in  this  State, 
shall  havi!  full  power  and  authority,  when  sitting,  either 
as  a  Court  of  law  or  ecpiity,  upon  the  [tetition  of  two  -or 
more  of  the  parties  interested  in  .such  assignment  or  trtret, 
and  on  such  notice  as  the  Court  shall  direct,  in  a  summary 
manner,  to  appoint  a  new  Trustc(!  or  'I'rnstco.s,  in  the  place 
and  instead  of  such  dccfased  or  non-resident  Trastee  ;  and 
such  new  Trustee  shall  have  all  the  authority,  and  be  sub- 
ject to  all  the  pains  and  [>ei»altii*  of  such  deceased  or  non- 
resident Trustee  or  Assignee ;  and  all  laws  or  enacpnents 
shall  hi\  as  applicable,  and  in  as  full  force,  in  respect 'to  the 
new,  as  the  old  Assignee  or  Trustee  ;  and  said  Court,  being 
hereby  authorized,  in  its  discretion,  to  rerpdre  bond  and 
security  of  such  Assignee  or  Trustee. 

Sec.  XTI  Kcpeals  conflicting  laws. 

Assented  to  December  10,  isdl. 


(No.  48.) 


An  Act  to  jtrcsaihc  the  Bond  of  Tax  Receiver  (ind  Collector y 
avd  for  other  yur poses. 

>\  Sec.  I.  The  (rt'jirrdl  jlssemhly  of  (hnrfr'in  do  mart,  That 
the  bonds  to  be  recjuired  of  the  Tax  Keceiver  and  Collec- 
tor, shall  be  those  heretofore  required  of  the  Tax  Collector; 
and  that  the  laws  heretol'ore  enacted  in  reference  to  the 
bonds  of  Tax  Collectors,  shall  apply  to  the  bonds  to  be 
given  by  the  Tax  Receiver  and  Collector. 

Sec.  II.  Be  it  further  enacted,  That  whenever  the  Tax  Ke- 
coivcr  and  Collector  shall  resign,  after  having  discharged 
any  portion  of  his  duties,  he  shall  receive  compensation  in 
proportion  to  the  labor  performed  ;  and  in  case  of  the  death 
of  the  said  Tax  Receiver  or.  Collector,  after  having  per- 
*  formed  a  part  of  his  duties,  his  representatives  shall  be  en- 
titled to  receive  compensation  in  proportion  to  the  labor 
performed — to  be  determined  by  the  Comptroller  General. 
';     Assented  to  December  16,  1S61.  ;ti]ii>jiii<t  niiT  "hi^- 


^ 


9 


37 

(No.  49.) 
An  Act  to  amend  An  Act  entitled  An  Act  to  jirovide  for  the  Pub- 
lic Bi fence,  and  for  other  purposes,  assented  tn   December  the 
ISM,  1860.  '    '*    <•"'» 

Sec.  I.  The  General  Assemhhj  do  enact,  That  to  each  rec- 
regiment  organized  under  the  provisions  of  the  above  enti- 
tled act,  there  shall  be  a  Chaplain,  to  be  appointed  by  the 
Governor,  upoi'  the  recommendation  of  a  majority  of  the 
commissioned  ofllcers  of  the  regiment,  whose  pay  and  ra- 
tions shall  be  the  same  as  those  allowed  by  the  Congress 
of  the  CoJifederate  vStates  to  Chaplains  of  the  Confederate 
Army,  and  who  shall  be  provided  by  the  regimental  Quar- 
termaster with  a  separate  tent  for  his  use  as  Chaplain. 

Sec.  II.  The  General  Assembly  do  further  enact.  That  such 
persons  as  have  been  serving  in  the  capacity  of  Claaplain 
in  any  of  the  military  forces  of  this  State,  with  the  appro- 
bation of  the  commanding  officer,  shall  be  entitled  to 
the  foregoing  pay  and  emolument,  from  the  date  of  the  com- 
mencement of  their  services. 

Assented  to  December  IG,  1861. 


(No.  r,o.) 


Ah  Act  to  amend  Uic  Act  ^approved  llih  December  1858,  io  com- 
pel the  Judges  of  the  Superior  Courts  of  each  Circuit  in  the 
State,  to  hold  adjourned  terms  in  every  County  within  their 
Circuit  where  the  business  reejuires,  until  the  docket  w  cleared, 
and  for  other  purposes. 

Sec.  I.  Be  it  ciuicted.  That  tht;  holding  of  adjourned 
terms  of  the  Superior  Courts,  for  the  disposition  of  the  bu- 
siness upon  its  dockets,  shall  rest  in  the  sound  discretion  of 
the  presiding  Jiulge. 

■  Sec.  II.  And  belt  furtJier  enacted^  That  when  an  adjourn- 
ed Coiirt  ahall  become  necessary  in  the  opinion  of  the  pre- 
siding Judge,  he  shall,  in  the  exercise  of  a  sound  discretion, 
cause  new  .Juries  to  be  drawn  for  the  same,  or  order  tin-  .Ju- 
ries dravvii  for  the  regular  terni,  to  give  their  attendance 
at  such  adj' turned  term. 

Sec.  III.  Repeals  coiiHicting  laws. 
Assented  to  December  17th,  1S61. 


38 

(No.  51.) 

An  Act  to  iilloir  SctuiuLirif   /noo/' atx]  Testimony  in  cases  trherf 
Copy    Ji'i/h,    Dials  and  other  ]Hipris  connot  lir  proi  urcd^  and 
for  other  jmrj)oses. 

WuEUEAS,  In  coi)se(|ueiJce  of  tlio  Secession  tA^  the  State  of 
Georgia  from  the  l;ite  Uiiitt'(l  Statos,  and  tlie  imjjossihility  of 
corainuiiicatiou  with  the  States  now  composinur  said  Gov- 
ernuieut  of  the  United  States,  by  reason  of  the  existing 
war,  it  is  not  practicable  to  procure  certified  copieis  of 
"Wills,  Deeds,  Contracts,  and  other  papers,  under  the  rules 
of  Law,  nor  the  testimony  of  witnesses  residin^r  therein,  1>y 
reason  whereof  much  wrong  and  injury  is  likely  to  happen 
to  citizens  of  this  State, — for  remedy  whereof. 

Sec.  I.  The  (ininaJ  AuMinh/i/  do  enact,  That  in  all  suits  or 
other  legal  proceedings,  whether  at  law  or  in  equity,  and 
whether  the  same  are  now  pending,  or  shall  be  hereafter 
instituted,  it  shall  and  may  be  lawful  for  the  presiding  Judge 
in  the  trial  of  all  such  cas(>s  or  proceedings,  so  to  relax  and 
change  tlie  rules  of  evidence,  as  to  him  nuiy  seem  best,  and 
most  to  promote  the  ends  of  Justice  ;  and  to  admit  and  al- 
low such  proof  and  testimony  as  the  nature  of  each  case 
may  require. 

Sec.  II.  All  conflicting  laws  arc  hereby  repealed. 

Assented  to  December  16,  18G1. 


(No.  ry2.) 

An  Act  to  jnoride  for  the  xoj'rfy  of  jiidjinfy  or  funds  ni  the  handi 
of  Guardians,  Administrators  or  Administratrix,  ^f. 

Sec.  I.  Be  it  rnartcd,  That  from  and  after  the  passage  of 
this  Act,  it  shall  be  the  duty  of  the  Ordinaries  of  the 
several  counties  of  this  State,  whenever  it  comes  to 
their  knowledge,  either  by  annual  returns,  or  otherwise, 
that  the  bond  and  securities  of  any  Guardian,  Administra- 
tor, or  Administratrix,  is  not  of  sufficient  amount,  (or  other- 
wise in  his  judgment  iusufticient)  to  be  of  double  the  amount 
oftheproperty  or  fundsin  handof  any  such  Guardian,  Admin- 


39 

istrator,  or  Administratrix,  it  shall  be  the  duty  of  said 
Ordinary  to  give  notice  to  said  Guardian,  Administrator,  or 
Administratrix,  to  come  forward  at  the  next  term  of  the 
Court  of  said  Ordinary,  and  give  additional  security  to  said 
Ordinary,  or  give  a  new  bond  with  good  securities  ;  and  on 
failure  to  do  so,  said  authority  of  said  Guardian,  Adminis- 
trator, or  Administratrix,  shall  cease;  and  said  Ordinary 
shall  appoint,  in  terms  of  the  law,  a  Guardian,  Administra- 
tor, or  Administratrix,  to  take  the  place  of  said  deiaulting 
Guardian,  Administrator,  or  Administratrix. 

Sec.  II.  Repeals  conflicting  laws. 

Assented  to  Deceml)er  17,  ISOl. 


(No.  5S.) 

An  Act  for  the  relief  of  the  siveral  Bavls  in  the  State  of  Georgia, 
which  have  made  advances  to  the  State,  tqion  Bo/ids  or  other 
Contracts',  and  for  other  jrurjioscs. 

Whereas,  Several  of  the  Bunks  in  this  State  have  made 
advances  to  the  State  of  Georgia,  under  the  Act  of  J  S60, 
for  the  purpose  of  "providing  for  the  common  defence  of 
the  State  of  Georgia,  and  to  appropriate  money  for  the 
same  ;"  whicli  several  advances,  amounting  in  the  aggre- 
gratC,  to  the  sum  of  eight  hundred  and  forty-two  thousand 
and  five  hundred  dollars,  were  made  by  said  banks,  in  part 
in  Bonds  of  the  State,  bearing  s^\\  per  rent,  interest  pc?  an- 
vum,  and  upon  an  agreement  with  His  Excellency  the  Gov-*' 
ernor,  that  he  would  reccommend  to  the  General  Assembly 
the  payment  of  seven  prr  ^^«^  on  said  advances  ;  and  where- 
as, \t\sennnent\y  jxiHt  and  proper  that  the  said  Banks  should 
receive  the  sum  of  seven  jirr  cent,  on  said  advancements. 

Sec.  I.  Br  it  therefore  enacted,  That  His  Excellency  the 
Governor,  be  and  he  is  hereby  authorized  and  directed,  to 
take  up  and  cancel  the  Bonds  of  the  State  of  Georgia,  bear- 
ing six  per  cent,  interest,  which  have  been  issued  to  the 
banks  of  this  State  for  ther  advances,  and  also  the  receipts, 
or  other  agreements,  which  may  have  been  entered  into  with 
such  banks  as  have  made  advances  to  the  State  without  re- 
ceiving bonds,  and  that  he  cause  to  beissued  and  delivered  in 
lieu  thereof.  Bonds  of  the  State  of  Georgia,  bearing  seven  per 


40 

frrf^  interest  p/r  annum,  with  ooupoiis  tor  ihe  iutorest  tliere-. 
on,  payable  semi-annually, — said  bonds  lo  bu  ledccinable  at 
the  expiration  of  twenty  years  from  the  date  ot  said  advan- 
ces, and  with  xho.  riirlit  to  the  State  to  redeem  said  bonds, 
at  her  option,  at  any  time  after  the  expiration  of  live  years 
ironi  their  date,  upon  the  }»ayment  ol  })riucipal  and  inter- 
est— said  bonds  to  be  delivered  to  the  several  banks,  accord- 
ing to  the  amounts  respectively  a(h  anced  by  them  ;  and  in 
all  cases  where  the  interest  has  been  paid,  no  coupons  shall 
issue  for  the  amount  so  paid. 

Sec.  11.  Repeals conflictintr  laws. 

Assented  to  December  JO,  IbGl. 


(No.  o4.) 
An  Art  to  aulhimze  the  SuiuriHtnuh  itt  of  tin  Wcattru  ^'Athmtlc 
Railroad  of  this    Sfofr,  to  issue  change   liil/s,   and  for  other 
jjurposes. 

<^c.  I.  The  General  ,^hseiii/jly  of  Georgia  do  v,)mct ,  us  Jol- 
lou-s :  That  the  Superintendent  of  the  Western  &  Atlantic 
Kail  road  of  this  State,,  be  and  he  is  hereby  authorized  to  is- 
sue and  put  in  circulation,  change  bills  of  the  denomina- 
tion of  one  dollar,  fifty  cents,  twenty-live  cents,  ten  cents, 
and  live  cents,  the  aggregate  amount  of  which  shall  not 
exceed  the  sum  of  two  hundred  thousand  dollars  ;  which 
bills  shall  be  signed  by  the  said  Superintendent  and  coun- 
tersigned by  the  Treasurer  of  said  lioad  ;  rrovidtd^  that 
the  auiount  ol  said  change  bills  ol  the  denomination  of  one 
dollar,  shall  not  exceed  the  sum  of  tifteeu  thousand  dollars. 

Sec.  Jl.  Said  change  bills  shall  be  redeemed  by  said  Treas- 
urer in  current  bank  notes,  whenever  presented  in  sums  of 
live  dollars  or  upwards  ;  and  for  the  ultimate  redemption  of 
the  change  bills  which  may  be  issued  as  aforesaid,  the  said 
Western  &.  Atlantic  Railroad,  its  fixtures,  pro[>erty  and  rev- 
enues,   together    with    the   faith   of  the  State,    are  b^teby 

pledged.  •»,<««  jt  »..»t*  .*♦»'%>»»'>  M)j*r»i 

Sec.  III.  And  be  ll  farther  enacted,  That  the  Bills  SO  issu- 
ed,, shall  be  upon  such  paper  as  is  now  used  by  the  Banks  of 
this  State,  or  the  best  paper  that  can  be  procured. 


41 

Sec.  IV.  All  change  bills  issued  under  the  provisions  of 
this  Act,  shall  be,  and  are  liereby  made  receivable  in  pay- 
ment of  taxes,  and  all  other  dues  to  the  State,  as  well  as 
dues  to  said  Western  &  Atlantic  Railroad. 

Sec.  V.  Any  person  v^'ho  shall  alter,  or  counterfeit  any 
change  bill  issued  as  aforesaid,  or  shall  knowingly  pass,  or 
utter  any  change  bill  so  altered  or  counterfeited  as  atbrcsaid, 
shall  be  gnilty  of  a  felony  ;  and  on  indictment  and  con- 
viction th«Mvof,  the  ofleuder  shall  be  punished  by  confine- 
ment and  labor  in  the  Penitentiary  of  this  State,  for  a  time 
not  less  than  two,  nor  longer  than  ten  years,  at  the  discre- 
tion of  the  Court. 

Sec.  VT.  And  he  it  further  e/n/rtcd,  That  for  a  violation  of 
any  part  of  this  Act,  the  persoii  or  persons  violating  the 
same,  shall  be  guilty  of  a  felony  ;  and  on  conviction  shall 
bo  imprisoned  in  the  Penitentiary  ior  a  term  not  less  than 
two,  nor  more  than  tea  years  ;  Proridetl,  it  shall  not  be  a  vi- 
olation of  the  provisions  of  this  Act,  for  the  Agent,  or  Su- 
perintendent, or  Treasurer,  to  furnish  at  his  discretion, 
change  bills  for  current  bank  bills,  when  it  is  desired  for 
change. 

Sec.  VII.  The  said  Superintendent  shall  have  a  register 
kept  of  all  change  bills  issued  under  this  Act ;  which  regis- 
ter shall  contain  tlie  number  and  amount  of  each  change 
bill  issued  ;  and  shall  at  all  times  be  subject  to  the  inspec- 
tion of  the  Governor,  or  any  committee  of  either  branch  of 
the  Legislature. 

Sec.  VIII.  Be  it  fart  her  enacted,  Provided,  the  authority  to 
issue  change  Bills  under  this  Act,  shall  cease  and  detemiine, 
80  soon  as  the  payment  of  specie  shall  be  assumed  by  the 
Banks  of  tkis  State. 

Sec.  IX.  Be  it  fmthcr  enacted,  That  the  Superintendent 
of  the  WestcTu  &  Atlantic  Railroad,  be  required,  on  de- 
mand, to  furnish  to  the  Treasurer  of  each  county  in  the 
State',  as  much  as  five  hundred  dollars  of  change  bills,  in 
exchange  for  run'cnt  Bank  bills. 

Sec.  X.  Repeals  conlliciing  laws. 

Assented  to  December  17,  1S61. 


4M* 

(No.  65.) 

An  Act  to  authon::e  the  Justices  of  the  Inferior   Court  of  the 

Comities  ff  Fioyd,  Bartow,   Chatoatrn,  Decatur,   Cobb,  aiul 

Burke,  and  ani/  other   Counties  of  this  State,  to  issue  Bo/ids, 

n?id  borroir  mount,   in  certain   cases. 

Sec.  I.  77/0  (inirrnl  Assembly  of  (xeorvia  do  (iinct,  Thar 
the  Justices  of  the  Inferior  Coart,  or  a  mBJority  of  them, 
of  each  of  the  a])ove  named  counties,  or  any  other  counties 
of  this  State,  are  ]i«'reby  anthorizetl  to  issue  Bonds  of  the 
county,  and  horrow  money,  for  the  purpose  of  raisiirg 
means  to  equip  volunteers  and  support  the  families  of  in- 
digent volunteer,  who  are  absent  in  the  army,  or  who  may 
liave  been  killed,  ov  died  m  the  service,  or  who  may  have 
been  wounded  or  disabled  in  the  service,  and  for  any  other 
county  purposes,  so  far  as  relates  to  the  county  of  Burke 
as  the  Grand  Jury  of  said  county  of  Jjurke  may,  from  time 
to  time,  recommend. 

Sec.  IT.  The  Goieral  Assembly  do  further  enact,  That  the 
Justices  of  the  Inferior  Courts  of  Decatur  county  be,  and 
they  are  hereby  authorized,  to  raise  money  from  the  sale 
of  County  Bonds,  to  meet  present  emergencies  in  equip- 
ing  and  supporting  soldiers  from  said  county,  and  to  pro- 
vide means  for  the  support  of  the  needy  families  of  soldiers 
in  service  :  this  Act  to  continue  in  force  until  peace  is  de- 
clared. 

Sec.  III.  Br  it  further  eiuicled,  That  all  laws,  and  parts 
of  laws,  militating  ag!iinst  this  Act,  be,  and  the  same  are 
hereby  repealed. 

Assented  to  December  17,  18G1. 


(No.  50.) 
An  Ad   to  IrcraUze  the  action  of  the  Palace  Mills  Company  of 
Columbus,  in  issuing  change  bills,  and  lo  legalize  the  issue  of 
change  bills  by  otheis,  oji  certain,  conditions. 

Whereas,  Heretofore,  to-wit:  on  the  26th  of  October, 
1S61,  Randolph  L.  Mott,  President  of  the  Palace  Mills  Com- 
pany, of  the  city  of  Columbus,  at  the  request  and  solicita- 
tion of  many  citizens  of  said  city,  did  issue  and  put  in  cir- 
culation change  bills,  for  the  convenience  of  the  citizens  of 


43 

Columbus,  as  there  was  a  great  scarcity  of  silver  change  ; 
A7id  Whereas,  the  issue  of  said  change  bills  and  the  circula- 
tion of  the  same,  was  contrary  to  the  Statutes  in  such  cases 
made  and  provided  : 

Sec.  I.  Be  it  enacted,  That  the  change  bills  issued  by  the 
Palace  Mills,  of  Columbus,  and  signed  by  R.  L.  Mott,  Presi- 
dent, and  dated  2Gth  of  Oct.,  ISGl,  and  put  in  circulation, 
that  said  issue  of  change  bills  are  hereby  made  legal,  and  the 
property  of  the  vsnid  Palace  Mills  and  all  the  property  of  the 
said  R.  L.  Mott,  is  and  are  hereby  made  liable  lor  the  re- 
demption of  said  change  bills;  and  that  the  saidPalace  Mills 
and  Randolph  L.  Mott  are  hereby  required  to  redeem,  on 
presentation,  and  destroy,  so  as  not  to  put  in  circulation 
again,  the  said  change  bills. 

Sec.  II.  And  be  it  further  enacted,  That  said  Palace  Mills 
and  Handol})h  L.  Mott,  its  President,  are  hereby  released 
from  any  penalty  for  and  on  account  of  issuing  and  puting 
iu  circulation  the  said  change  bills  dated  on  the  26th  of  Oc- 
tober, ISOl,  any  law  to  the  contrary  notwithstanding;  and 
that  the  provisions  of  this  Act  be  extended  to  all  individu- 
als and  Corporations  who  have  issued  and  put  in  circula- 
tion change  bills,  upon  their  redeeming  all  such  bills  as  may 
have  been  issued;  Provided,  that  no  Corporation  or  person 
shall  be  relieved  from  the  pains  and  penalties  of  the  existing 
laws,  who  shall  fail  or  refuse  to  redeem  the  change  bills 
heretofore  issued  by  them,  when  presented  ;  Provided  further, 
that  this  Act  shall  not  be  so  construed,  as  to  authorize  said 
Randolph  L.  Mott,  or  any  other  person  or  corporation,  to 
issue  any  other  change  bills,  or  to  re-issue  those  which  he 
or  they  may  redeem. 

Assented  to  December  17,  1861. 


RESOLUTIONS  » 

Of  Public  Interest,  adopted  l>y  the  late  General  Assembly. 


(No.  1.) 

Jtejfuhcd,  That  the  Comptroller  is  hereby  directed 
to  issue  such  instructious  to  Tax  Collectors  throughout 
Georgia,  as  will  prevent  all  further  proceedings  for  the  sale 
of  lands  heretofore  held  by  persons  now  alien  enemies,  un- 
til after  the  General  Assembly  shall  have  taken  further  ac- 
tion on  the  subject. 

Assented  to  December  14,  ISCl. 


(No.  2.) 

Whekeas,  By  a  Joint  Resolution  of  this  General  Assem- 
bly, the  Comptroller  General  is  directed  to  issue  such  in- 
structions to  Tax  Collectors  throughout  Georgia  as  will 
prevent  further  proceedings  foi'  tlie  sale  of  lands  heretofore 
held  by  alien  enemies,  ujitil  after  the  General  Assembly 
sliall  jjave  taken  further  action  on  the  subj«'ct. 

A/id  IF/icnas,  The  above  stated  Resolution  does  not  direct 
the  Comptroller  General  how  to  settle  with  Tax  Collectors 
when  they  wish  to  make  their  final  settlement  and  obtain  a 
lull  receif)t,  for  remedy  thereof, 

Be  it  further  Jtrsoka/,  By  the  General  Assembly  of  Geor- 
gia, That,  upon  any  Collector  producing  to  the  Comptroller 
General  a  certificate  from  the  Inferior  Court  of  his  county, 
stating  the  naiiu;  or  names  ol  the  alien  enemies  whose  land  is 
now  subject  to  be  sold  for  taxes,  and  further  certifying  the 
amount  of  State  tax  due  on  the  same,  the  Comptroller  Gen- 
eral, if  satisfied  that  the  amount  stated  is  correct,  is  hereby 
authorized  to  allow  the  Tax  Collector  credit  for  the  same, 
on  his  account,  together  with  any  reasonable  advertising  fee 
which  said  Collector  may  have  paid  for  advertising  said 
lands;  and  that  such  settlements  be  ent(M-''l  on  the  Comp- 
troller's book,  in  the  same  manner  that  settlements  now 
made  with  the  Tax  Collector  are  entered  on  the  Books  of 
said  office. 

Assented  to  December  IG,  1861. 


45 
(No.  3.) 

Resolved,  By  the  General  Assembly  of  Georgia,  that  the 
Governor  be,  and  he  is  hereby  authorized  and  instructed  to 
tender  to  the  Confederate  Government  the  volunteer  forces 
called  into  service  under  tlie  law  of!  SCO,  or  which  may 
hereafter  be  called  into  service  for  tlie  State  defence,  in  com- 
panies, battalions,  regiments,  brigades  or  divisions,  as  may 
be  found  to  be  acceptable  to  the  War  Department  of  the 
Confederate  States;  Provided^  That  the  Confederate  States 
will  receive  them  for  the  term  oi  their  enlistment  and  for 
local  defence  in  this  State,  under  the  act  ofCongress  to  pro- 
vide for  local  defence  and  special  service,  approved  August 
21,  ISGl  ;  And  iirovidcd  frirthcr,  That,  if  the  Confederate 
States  shall  not  accept  said  troops,  in  that  event  the  troops 
shil^  remain  in  service  as  State  ti*oops,  under  the  terms  of 
their  enlistment ;  Aiid  provhhd  farihcr,  That  such  tender 
shall  be  made,  so  for  as  tlie  troops  now  in  the  State  are  con- 
cerned, before  the  15th  day  of  January  next,  and  before  a 
greater  sum  than  one  million  of  dollars  is  raised  or  ex- 
pended as  provided  for  in  the  20th  Section  of  the  general 
appropriation  bill  ;  And  2)rnridcd  further,  That  none  of  said 
troops  shall  be  transferred  to  the  Confederate  service  with- 
out their  full  consent,  first  fiirly  obtained,  by  companies,  if 
organized  as  independent  companies,  by  battalions,  if  organ- 
ized in  independent  battalions,  or  by  regiments  if  organized 
in  regiments. 

Be  it  further  Resolved,  That  we  earnestly  recommend  the 
Confederate  Government  to  receive  said  State  forces,  should 
'  they  assent,  with  all  their  field  and  general  officers;  and,  if 
there  be  no  law  now  authorizing  such  acceptance,  we  re- 
spectfully request  our  Senators  and  Representatives  to  urge 
the  passage  of  a  bill  to  effect  so  desirable  an  object. 

Assented  to  December  16,  1861. 


(No.  4.) 

Whkreas,  The  Ports  of  the  Confederate  States  of  Ameri- 
ca are  now  blockaded,  or  attempted  to  be  blockaded  by  the 
Government  of  the  so-called  United  States ;  And  Whereas, 


r 


46 

said  Confeiierate  States  are  not  now  receiving  any  revenue 
in  consequence  of  said  attenipU-d  blockade  : 

Be  it  thrrfurc  IlcsohcJ,  That  the  .State  of  Georgia  in  Gen- 
eral Assenibly  met,  do  urge  her  Representatives  in  the  Con- 
gress of  the  Confederate  States,  to  exert  their  influence  to 
open  thr  I'orts  of  the  Confederate  States,  free,  of  duty,  to 
all  friendly  natioun,  during  the  existence  of  the  War  be- 
tween the  Confederate  States  and  the  so  called  United  States. 

Assented  to  December  16,  1861. 


(No.  5.) 


Rcjtolred,  Ist.  The  Senate  concuring,  That  this  General 
Assembly  deems  it  due  to  the  sovereignty  of  Georgia,  to  de- 
clare that  Georgia  asserts  her  ancient,  paramount  right  of 
original  proprietory  interest  and  title  in  and  to  all  the  lands 
within  the  limits  of  the  State  ;  and  that  she  will  not  permit 
her  present  attitude  and  action,  or  any  action  upon  the  part 
of  any  power,  to  be  construed  against  her  in  the  future  as 
a  precedent  calculated  to  show,  in  the  least,  that  she  has, 
in  anywise,  yielded  this  great  right.  Georgia  therefore  en- 
ters her  solemn  ie([uest  of  record,  that  the  Sequestration  Act 
recently  passed  by  the  Provisional  Confederate  Congress, 
shall  not  be  so  proceeded  upon,  or  so  construed,  as  to  raise 
any  question  as  to  the  sovereign  rights  oi' the  State  overall 
of  the  lands  within  her  limits. 

Resolved,  2d.  That  the  laud  heretofore  held  by  persons 
now  alien  enemies  ought  not,  at  this  time,  to  be  sold  for  any 
purpose;  but  that  the  same  should  lie  as  it  now  does,  sub- 
ject to  the  sovereign,  paramount  right  Georgia  has  in  and  to 
the  same. 

Resolved^  '3d.  That  a  copy  of  these  Resolutions  be  trans- 
mitted to  our  delegates  in  the  Provisional  Confederate  Con- 
gress ;  and  that  the  same  be  also  transmitted  to  the  Sena- 
tors and  Representatives  of  Georgia  in  the  Confederate  Con- 
gress. 

Assented  to  December  16,  1861. 


«t 


47 
(No.  6.) 

Resolved,  by  the  Senate  ami  House  of  Representatives  of  the 
State  of  Georgia  in  General  Assembly  met,  That  it  is  the  sense 
of  this  General  Assembly,  that  the  separation  of  those  States 
now  forming  the  Confederate  States  of  America,  from  the 
United  States  is,  and  ought  to  be  final  and  irrevocable;  and 
that  Georgia  will,  under  no  circumstances,  entertain  any 
proposition  from  any  quarter,  which  may  have  for  its  object 
a  restoration  or  re-construction  of  the  late  Union,  on  any 
terms  or  conditions  whatever. 

ResolveiL  That  the  war  which  the  United  States  are  wag- 
ing upon  the  Confederate  States,  should  be  met  on  our  part, 
with  the  utmost  vigor  and  energy,  until  our  independence 
and  nationality  are  unconditionally  acknowledged  by  the 
United  States. 

Resolved,  That  Georgia  pledges  herself  to  her  sister  States 
of  the  Confederacy,  that  she  will  stand  by  them  thronghout 
the  struggle — she  will  contribiite  all  the  means  which  her 
resources  will  supply,  so  far  as  the  same  may  be  necessary 
to  the  support  of  the  common  cause,  and  will  not  consent  to 
lay  down  arms  until  peace  is  established  on  the  basis  of  the 
foregoing  resolutions. 

Approved  December  11th,  I  SGI. 


m         * 

'4 


INDEX. 


1.  Savannah  Banks  may  move  to  Id)  :'i<>. 

Icriur.  '^~  ■ 

2.  City  Cxuncil  of  Anjjusfa  may  is- 

sue TrtHKnry  Nol»'S.  3d. 

:{.  Levy  of  County  VViirTax,  Ac. 

4.  Stay  Laws  <  xtendcd.  ;i!). 

5.  Bank  bunpeusiou  continueJ. 

'  n.  Tax  Collectors.  40. 

^  7.  Offices  ot  Tax  Collector  and   Re-  4J. 
•  ceiver  consoliJated  42. 

8.  Election  of  Senntors  in  Congress 

9.  Certiorari  Laws  amended.  4'^. 

10.  Confederate  War  Tax.  44. 

1 1.  Patrol  Laws. 

12.  Payment  of  taxes  by  Tax  Collec-  -1.'). 

tors  46. 

13.  Juri.sdiction  of  Justices'  Courts.     47. 

14.  Slaves  may  return  to  Georgia  Irom 

Army.  48. 

I.').  Tax  Collectors.  4;». 

16.  ManufacMireof  Arms  by  State,  &c.  5(t. 

17.  Judgments  by  Urdmariea.  51. 
l.S.  Suils  on  open  accounts. 

VJ.  Levy  and  collection  of  Taxes  for  52. 
1861. 

20.  Adjournment   of  Inferior   Courts  53. 

and  Courts  of  Ordinary. 

21.  Term   of  oHice   of  Judges  of  Su    54. 

preme  Court. 

22.  Amendment  of  Code.  Tax  Collec-  55. 

tors,  &c. 
2X  Discliarge  of  Criminals  from  jail    56. 

24.  Meeting  of  General  Assembly. 

25.  Judgments  against  Soldiers  in  ser- 

vice. 

26.  Soliliers  in  service  may  vote. 

27.  Pay  and  allowance  of  Ga.  Troops.     1. 
2ri.  Continuance  of  cases  during  the     2. 

war.  3. 

20.  Toieisn  Exchange. 
31).  Imprisonment  for  debt.  4. 

31.  Attorneys  at  Law. 

32.  Great  Seal  of  the  State.  5. 

33.  Stritnte  of  Limitations. 

34.  Salaries  <if  olhcers  on  Slate  Road.     (i. 

35.  Speculators,    Monopolies,    Er.tor 

liODS,  &c. 


Code  rf  Georgia. 

Suits  Hgaiiist  Insurance  Compa- 
nies. 

Agencies  of  foreign  Insurance 
CoinpiMiies. 

TruslCfS.  &.C..  may  invest  in  Con- 
ti  (It  rj.lo  Slates  bonds. 

Seqiiesfraiion  Act  of  C.  States. 

Manufacture  of  Salt  epcuuraged. 

Death  Pen.ilty  for  burning'Rail- 
road  Hi  idee. 

So)icii"r  Gi'ni  ril,  &c. 

Deposit  <f  Money  in  Bank  by 
marri.-d  women. 

Penal  Code. 

Trading  witli  the  enemy. 

Tax  Receivers  and  Collectors' 
Bonds. 

Trustees,  Assignees,  Ac. 

Cli;i|)lains  in  St.-. le  service. 

.Tudge  of  Superior  Courts. 

Lvidenci  iu  c.ise  of  copy  wills, 
Ac. 

Executors,  Guardians,  Adminis- 
trators, Ac. 

AdvanctM  from  Banks  to  State,  to 
i;e  rcfuMiied. 

W.  A  A.  R.  R.  to  issue  Change 
Bills. 

Inferior  Courts  may  issue  County 
Bonds 

Issue  of  Shinplasters  regulated 
and  '  justilied. 

RESOLUTIONS. 

Instructions  to  'lax  Collectors. 
Instructions  to  TiiX  Collectors. 
Tender    of  State  Troops    to  the 

Confederate  Government. 
Recommending   Importations  free 

of  dutj'. 
Georgia's   right   to    lands    within 

her  Territory. 
In   reference    to    prosecuting   tha 

War. 


# 


.t5 


